MADANLAL Vs. SURJEET SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimant under Section 173 of the Motor Vehicles Act (hereinafter for brevity called "The Act") against an award, dated 9th September, 2004 passed by learned 7th Motor Accident Claims Tribunal, Indore in Claim Case No. 271 of 2003. By impugned award, the learned Member of Claims Tribunal has partly allowed the claim petition of claimants and has accordingly awarded a total compensation of Rs. 3, 60,000 to the claimants for the injuries sustained by him in the accident. However, the Tribunal has held that claimant was equally responsible for causing the accident in question to the extent of 50% and hence, applying the principle of contributory negligence, reduced the compensation to the extent of 50% i.e. Rs. 2,35,000/-. It is against this award, the claimant has come up in appeal of intending that firstly the Tribunal erred in holding claimant to be responsible for causing the accident much less to the extent of 50% and secondly, what is awarded b the claimant for the injuries sustained by the claimant is on lower side and hence, it deserves to be enhanced.

(2.) HEARD Mr. S.L. Nagar, learned Counsel for the appellant and Mr. Milind Phadke, learned Counsel for respondent No. 3, Insurance Company.

(3.) IT is an injury case. On 31st January, 2003 when claimant was going on his motorcycle; the offending vehicle-truck, bearing No. MP-09-D-6951 owned by non-applicant No. 1 and driven by non-applicant No. 2 dashed to claimant due to which he sustained multiple injuries on his body. It is this incident which gave rise to filing of claim petition by the claimant out of which this appeal arises seeking compensation for the injuries sustained, medical expenses incurred and disability occurred due to injuries. Neither non-applicant No. 1, nor non-applicant No. 2 i.e. owner and driver of the offending vehicle contested the case and remained ex parte. The non-applicant No. 3 i.e. Company filed the written statement. Parties adduced evidence. As observed supra, the Tribunal by impugned award partly allowed the claim petition. It is against this award, the claimant is in appeal.