HANUMAN SAHAI Vs. HAR LAL CHOUDHARY

JUDGEMENT

(1.) This appeal by the claimant-appellant is directed against the award dated 4th June, 2003, made by the Motor Accident Claims Tribunal, Jaipur City, Jaipur ('the Tribunal') in Claim Case No. 158/1999. By the award impugned, the Tribunal has assessed the loss of the claimant-appellant for the injuries sustained in a vehicular accident at Rs. 1,86,000, particularly with reference to 55.60% permanent disablement of lower limb but then, has awarded him compensation in the sum of Rs. 1,20,900 on the finding of his 35% contributory negligence.

(2.) Assailing the award aforesaid and seeking enhancement of the amount of compensation, the learned Counsel for the claimant-appellant has contended that the Tribunal had been too restrictive in assessing the loss suffered by the claimant-appellant for the grievous and multiple injuries sustained in the accident which resulted in 55.60% permanent disablement of the left lower limb. The learned Counsel has strenuously argued that even after making comparatively lower side assessment of loss, the Tribunal reduced the amount of compensation by 35% with a finding on contributory negligence against the appellant without appreciating that the scooter driven by the appellant was hit on the rear by the vehicle belonging to the respondents; and, in the given fact situation, no such finding of contributory negligence could have been returned against the appellant. On the other hand, the learned Counsel for the respondent has duly supported the award impugned.

(3.) After having given a thoughtful consideration to the entire matter, this Court is clearly of the view that the award made by the Tribunal remains justified and no case for enhancement is made out.