LEKHRAJ SHARMA Vs. HARSA RAM

JUDGEMENT

(1.) THIS appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor accident Claims Tribunal, Jaipur city, jaipur vide judgment dated 21. 5. 2000 whereby a sum of Rs. 12,000/- was awarded as no fault liability as the Tribunal has determined the total amount of compensation amounting to rs. 20,500/- but the same was scaled down by 50% on account of contributory negligence at the part of injured.

(2.) LEARNED counsel for the appellant submits that the accident took place on 7. 10. 1993 at 9. 30 PM when the injured who was on scooter, and was dashed from behind by the RSRTC bus while the scooterist was taking a turn around Chomu Circle in Jaipur city. It is also submitted that the fact that he was dashed from behind has been proved from the evidence adduced on behalf of injured as well as on the basis of site inspection memo Ex. 4 and, as such, the finding of contributory negligence at the part of injured deserves to be set aside. It is also submitted that the Tribunal has not awarded adequate compensation and the compensation deserves to be awarded by assessing the income of injured by adopting appropriate multiplier of 17 commensurating with the percentage of disability. It is further submitted that a sum of Rs. 20,000/-deserves to be awarded for six months period of immobilization during treatment.

(3.) PER contra, learned counsel for the respondents supported the judgment of the tribunal and submitted that the learned tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. It is also submitted that the injured had an opportunity to avoid the accident but he failed to do so and thus he was liable for contributory negligence.