HITESH SRIMALI Vs. MOHD. JAVED

JUDGEMENT

(1.) THIS appeal for enhancement of compensation by claimant and cross -objections by the insurer are directed against judgment and award dated 28.02.2006 passed by the Additional District Judge (Fast Track) No.6 (Motor Accident Claims Tribunal), Udaipur, ('the Tribunal'), whereby, for the injuries suffered by the claimant -appellant, the Tribunal has awarded a sum of Rs.1,52,000/ - and reduced it to Rs.76,000/ - on account of his 50% contributory negligence alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 30.04.2004.

(2.) THE facts in brief may be noticed thus: the claimant filed the application with the averments that on 28.03.2003 when he was riding on a motor cycle and was crossing the road from Saheliyon Ki Badi Road to Kharol Colony Road, a Maruti Van bearing registration No.RJ12 -C -1623 being driven by Mohd. Javed while going from Fatehsagar to Fatehsagar Circle, collided with the motor cycle on the wrong side of the road, which resulted in injuries to the appellant; a compensation of Rs.6,72,039/ - was claimed.

(3.) ON behalf of the appellant, he himself was examined as AW -1 and exhibited 130 documents; no evidence was led by the Insurance Company.