(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 04/07/2006 passed by XXI Member, MACT, Indore in claim case No.228/2005 whereby the claim case filed by the appellant was allowed and a sum of Rs.36,000/- has been awarded on account of injuries sustained, out of which 50% has been deducted on account of contributory negligence, the present appeal has been filed.
(2.) Learned counsel for the appellant submits that in a motor accident which took place on 30/01/2004 appellant who was aged 21 years sustained fracture of femur bone in right leg and also sustained fracture of radius bone in right hand. It is submitted that appellant was hospitalized at M.Y. Hospital, Indore from 03/04/2004 to 15/04/2004 where the appellant was operated and nailing took place. Learned counsel submits that permanent disability was to the extent of 20%. It is submitted that learned tribunal awarded a sum of Rs.36,000/- out of which Rs.30,000/- towards permanent disability, Rs.3,000/- towards medical expenses and Rs.3,000/- towards pain and suffering. It is submitted that looking to the injuries sustained by the appellant the amount awarded is on lower side. Learned counsel further submits that learned tribunal committed error in deducting 50% of the amount on account of contributory negligence.
(3.) Learned counsel for respondent No.3 submits that appellant was driving the motor-bike at the relevant time along with two more person who were sitting on the motor-bike. It is submitted that one Sanjay Chouhan was traveling on the motor-bike who has stated on affidavit and also appeared for cross examination that criminal case was registered against appellant also and at the time of accident appellant was in drunken condition. It is submitted that at the time of accident appellant was standing on the motor-bike and was eating corn. It is submitted that he has also admitted in the cross-examination that the offending motor-bike was being driven by appellant on a high speed. It is submitted that in the facts and circumstances of the case whereby the appellant himself was cause of accident and driving the motor-bike on a high speed and also carrying two other passengers no amount should be enhanced and the appeal should be dismissed.