MAHESH CHAND GARG Vs. RSRTC JAIPUR

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of appellant-injured Mahesh Chand Garg for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Baran vide judgment dated 23.3.1999 whereby a sum of Rs.1,00,500/- was awarded for amputation of right hand from elbow joint caused in the accident. The said amount was awarded after deducting 50% for contributory negligence at the part of the injured and hence the finding of contributory negligence has also been challenged.

(2.) ACCORDING to the facts of the case, accident took place on 5.6.97. The appellant was traveling as passenger in the bus which came in contact with the tractor coming from opposite direction resulting into severing of right hand at the spot. The police registered a case and after completion of investigation, offending vehicle-tractor was charge-sheeted for the offence of rash & negligent driving. The Tribunal after enquiry, has given a finding that tractor came from opposite direction having iron angles in its trolley and due to rash & negligent driving of tractor driver, the appellant who was sitting near a window in the bus got hurt and lost his right hand at the spot.