SHAILENDRA THAKUR Vs. MANISH KUMAR

JUDGEMENT

(1.) This appeal is directed against the award dated 22nd of December 2008 passed by the Additional Motor Vehicles Accident Claims Tribunal - V, Muzuffarpur (hereinafter referred to as the "Tribunal) in Claim Case No. 263 of 2005 whereby the claim of Rs. 1,98,981/- as also the interest at the rate of 6 percent per annum from the date of filing of the case till payment, was allowed in favour of the appellant who was pillion rider of the motor cycle bearing Registration no. BR 06B 8333 which was hit by the truck bearing Registration No. BR-1A-2471, insured with the respondent - Insurance Company.

(2.) The appellant, in this appeal is aggrieved mainly by deducting 50 percent of the compensation amount allowed on account of the contributory negligence and also did not allow any compensation for future treatment, loss of amenities and enjoyment of life, however, allowed compensation of Rs. 5,000/- towards pain and suffering.

(3.) The short relevant facts are that the appellant was pillion driver to the motorcycle which was being driven by one Sachidanand Jha. The said motorcycle hit from behind by the aforesaid truck, resulting into serious injury to the pillion rider. On account of the said injury, after undergoing treatment for about one month, his left leg above thy was amputated. The appellant, who was aged about 38 years, having a monthly income of Rs. 3000/- per month from which the family was maintained, claimed a compensation of Rs. 2,18,000/- The First Information Report was lodged vide Exhibit - 8. The applicant after his treatment, filed the aforesaid claim case for the compensation as mentioned above.