VEERENDRASINGH Vs. BENI MADHAV & ANR

JUDGEMENT

(1.) Mr. S. Patwa, Advocate for the appellant. Being aggrieved by the inadequacy of amount awarded vide award dated 7.9.2000 passed by VII MACT, Indore in claim case No. 299/96 whereby a sum of Rs. 20,000 has been assessed holding that there is a contributory negligence and a sum of Rs. 10,000 has been awarded along with interest @ 12% per annum, the present appeal has been filed.

(2.) Learned Counsel for appellant submits that appellant sustained grievous injuries. His leg was shortened. There was a fracture of Tibia Fibula bone and in the circumstances, the amount awarded is on the lower side. It is also submitted that the medical bills were of more than Rs. 13,000 while the amount awarded by the Tribunal is only Rs. 9,000 in that Head. Learned Counsel further submits that the loss assessed by the Tribunal was Rs. 20,000 but on account of contributory negligence, a sum of Rs. 10,000 was awarded. It is submitted that appellant was a pillion rider on Scooter bearing No. MP 093010, therefore, it makes no difference whether it was a case of contributory negligence or composite negligence so far as the appellant is concerned.

(3.) The brake-up of Rs. 20,000 which has been assessed by the learned Tribunal is as under: