RAJU Vs. RAJENDRA

JUDGEMENT

(1.) BEING aggrieved by the award dated 20. 4. 2007 passed by Fourth additional M. A. C. T. (Fast Track), Khar-gone, West Nimar in Claim Case No. 26 of 2006, whereby claim petition filed by the appellant was allowed and a sum of rs. 1,25,200 was awarded on account of injuries sustained by the appellant and 50 per cent of the amount was deducted on account of contributory negligence, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellant filed a claim petition alleging that on 26. 5. 2005 at about 1. 30 p. m. , appellant was going on Khargone-Khandwa Road on his motorbike, at that time appellant met with an accident with a bus bearing registration No. MP 46-E 0277, which was being driven by respondent No. 1 rashly and negligently, owned by respondent No. 2 and insured with respondent No. 3. It was alleged that appellant sustained compound fracture of femur bone in right leg. It was alleged that the appellant was hospitalised for a period of 16 days, where appellant was operated. There was permanent disability up to the extent of 15 per cent. It was prayed that compensation be awarded. The claim petition was contested by the respondents. After framing of issues and recording of evidence the learned Tribunal allowed the claim petition and awarded a sum of Rs. 1,25,200 and deducted 50 per cent of the awarded amount on the ground that appellant was equally liable for the accident, against which the present appeal has been filed.

(3.) THE learned counsel for the appellant submits that learned Tribunal awarded a sum of Rs. 1,25,200, break-up of which is as under: <FRM>JUDGEMENT_2060_ACJ_2009Html1.htm</FRM>