KALU RAM Vs. AAS MOHAMMED

JUDGEMENT

(1.) THIRD respondent is represented through counsel. Notice to respondent Nos. 1 and 2 is dispensed with.

(2.) THE appeal is for enhancement of compensation for injury suffered in a motor accident that took place on 24.2.1996. The deceased was 42 years of age and he had suffered three fractures in his right leg and the injuries resulted in amputation of the big toe. The doctor who had examined him certified that his disability was permanent to the extent of 20% and he had also suffered temporary disability to the extent of 21%. The tribunal assessed Rs. 94,517/ - as compensation under various heads but made a partial abatement of 50% on the basis of evidence that the accident had taken place at the road intersection when the claimant motor cycle had dashed against the rear side of the truck. In a case where the accident takes place at a road intersection and the collision has taken place at the rear side of the truck the tribunal was justified in apportioning equal responsibility for the accident on both the drivers and if the tribunal had found the claimant to be equally negligent I will find no reason for modifying the same.

(3.) THE award stands modified and the appeal is allowed to the above extent.