BHERLAL Vs. KAMAL SINGH

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation against the award dated 9.10.2001 passed by the Fourth Additional M.A.C.T., Dewas, in Claim Case No. 16/2001.

(2.) THE claimant was going from village Siya to Nenavad on 3.8.2000 on a motor cycle of his friend as a pillion rider at 8 O'clock in the night. Near village Navda Phate the aforesaid motor cycle was dashed by a jeep bearing No. M.P.09 S.6864 driven rashly and negligently by the driver. The appellant received serious injuries in the accident and thereafter he filed the claim application claiming compensation of Rs. 3,60,000/-.

(3.) LEARNED Counsel for the appellant has submitted that the finding of the Claims Tribunal that the appellant will get Rs. 6,375/- only is perverse as there was no contributory negligence on the part of the appellant because he was a pillion rider and was not driving the motor bike.