CHHUTTAN LAL BATHAM Vs. SHYAM LAL AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant for enhancement of compensation. Cross-objection is filed by the respondent No. 3 Insurance Company challenging the quantum of compensation.

(2.) Respondent No. 1 is the owner of jeep bearing registration No. MP07 /H-1819 and the said jeep was insured at the time of accident with respondent No. 3 Insurance Company. Appellant alongwith his two brothers namely Mangalia and Banwarilal was travelling from Kelaras towards the side of Gwalior. When the scooter reached on the bridge of Asan River on A.B. Road near Chhouda, the'vehicle met with an accident with the jeep. According to claimant jeep was driven in a rash and negligent manner. On account of accident applicant suffered injuries and his brother Banwarilal and Mangalia also suffered injuries. Applicant claimed that he had also suffered permanent disability of 40% . Claims Tribunal has awarded compensation of Rs. 65,000.00 and held that on account of contributory negligence on the part of claimant compensation is determined at Rs. 40,000.00.

(3.) Counsel for the appellant submitted that he has examined Dr. R.C. Bandil, PW2, who has deposed that claimant has suffered 40% disability. He submitted that Claims Tribunal has not taken into consideration the disability while awarding the compensation.