LALIT KUMAR Vs. SARVAJEET SINGH

JUDGEMENT

(1.) This appeal for enhancement of compensation has been filed by the appellant against judgment and award dtd. 30/9/2000 passed by Motor Accident Claims Tribunal, Abu Road ('the Tribunal'), whereby, the appellant has been awarded compensation to the tune of Rs.59,000.00 for the injuries suffered by him and the same has been reduced by 40% on account of contributory negligence.

(2.) The application for compensation was filed by the appellant claimant seeking compensation of Rs.5,80,000.00 on account of disablement suffered by him. It was claimed that on 8/11/1996 at about 8-9 AM the claimant was riding on a Scooter bearing registration No. GUY-5082 from Janapur to Abu Road when the offending vehicle a Trailer bearing registration No. HR37-4356 struck the Scooter from behind, resulting in the appellant suffering simple and grievous injuries. It was claimed that the appellant had undergone treatment at Pindwara and Palanpur, where he underwent operations and for permanent disablement suffered by him compensation was claimed.

(3.) The application was contested by respondent Insurance Company questioning the quantum of compensation claimed and it was denied that there was any permanent disability. It was also submitted that the accident occurred on account of contributory negligence by the appellant, who was driving the Scooter alongwith two pillion riders.