BANWARI Vs. MAHABIR

JUDGEMENT

(1.) Banwari, the injured claimant is in appeal seeking enhancement of compensation in respect of injuries sustained by him in a motor vehicular accident that took place on 6/12/1999 at about 10.00 a.m.

(2.) Counsel for the claimant has assailed findings of the Tribunal attributing contributory negligence to the victim while deciding issue No. 1. It is vehemently argued that on correct appreciation of testimony of Banwari, it may not be possible to affirm findings of the Tribunal, attributing negligence to the victim and that too, to the extent of 50%. It is further argued that driver of offending vehicle did not appear in the witness box without any tangible explanation, therefore, adverse inference is liable to be drawn against the respondents for non-examining the driver.

(3.) To justify his claim for enhancement of compensation, it is argued that the injured became disable to the extent of 18% and his disability has been proved by Dr. A.L.Bajaj, Orthopedic Surgeon, General Hospital, Fatehabad. The Tribunal has awarded a meager amount of Rs.10,000.00 in respect of disability suffered by the victim, aged about 65 years. It is further argued that the appellant is entitled to compensation qua disability by applying multiplier method.