The court re-assessed the compensation based on the nature of injuries sustained, percentage of neurological disability, and permanent disability. It also fixed the contributory negligence at 60% on the part of the rider of the Motor bike and 40% on the part of the rider of the Scooter.

1. The appeal by the Insurer and the Cross Objection by the injured claimant/cross objector are directed against the same judgment and award dated 15th December 2007, passed in MVC No.842/2006, by the District Judge, I Fast Track Court, Shimoga, (for short, ‘Tribunal’)

2. While the Insurer has filed the appeal for reduction of compensation on the ground that, compensation of Rs.8,54,505/- with 6% interest per annum, awarded in favour of the injured claimant/cross objector is excessive and on the higher side and that the Tribunal ought to have fixed reasonable contributory negligence on the part of the rider of the Scooter; the injured claimant/cross objector has filed the cross objection, seeking enhancement of compensation on the ground that the compensation of Rs.8,54,505/-awarded by Tribunal is inadequate.

3. The facts of the case as stated in the claim petition are that, at about 9-45 A.M., on 05-05-2006, when the injured claimant/cross objector was proceeding in his Bajaj Scooter bearing Registration No.KA-14/J-1275, on B.H. Road, Shimoga, in front of APMC Office, he met with an accident on account of rash and negligent driving by the rider of TVS Motor Bike bearing Registration No.KA-14/R-7714. Due to the impact, the injured claimant/cross objector sustained grievous head injuries and became unconscious and was immediately shifted to the Hospital in Shimoga, where he was in Intensive Care Unit (ICU) for a period of 45 days.

4. It was the case of the injured claimant that, he was hale and healthy prior to the date of accident, which resulted in causing grievous head injuries and that he was working as a paint mixer, earning a sum of more than Rs.5,000/- per month. On account of the injuries sustained, he has spent considerable amount towards conveyance, nourishing food and attendant charges apart from other incidental expenses and therefore, he has to be compensated reasonably.

5. On account of the injuries sustained in the road traffic accident, the injured claimant/cross objector filed the claim petition before the Tribunal, seeking compensation of a sum of Rs.17,01,000/-against the rider of TVS Motor bike, Insurers of both the vehicles and owner of Scooter. The said claim petition had come up for consideration before the Tribunal on 15th December, 2007. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.8,54,505/- under different heads, with 6% interest per annum, from the date of petition till the date of deposit. Being aggrieved by the quantum of compensation awarded by the Tribunal and also for not fixing any percentage of contributory negligence on the part of the rider of the Scooter, i.e. the inured claimant/cross objector herein, the insurer is in appeal before this Court, seeking reduction of compensation and also to fix some percentage of negligence on the part of injured claimant and the injured claimant has filed the Cross Objection, seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal is on the lower side when compared to the nature of injuries sustained and the neurological disability suffered by him.

6. We have heard Shri. A.M. Venkatesh, learned counsel appearing for Insurer and Shri. Basavaraju, appearing for Shri. B.K. Manjunath, learned counsel appearing for injured claimant/cross objector, gone through the grounds urged in the memorandum of the appeal as well as cross objection carefully and perused the impugned judgment and award passed by Tribunal, including the original records placed before us.

7. Shri A.M. Venkatesh, learned counsel appearing for Insurer vehemently submits that the Tribunal grossly erred in concluding the proceedings, without fixing reasonable contributory negligence on the part of the rider of the Scooter, i.e. the cross objector and awarding exorbitant compensation of a sum of Rs.8,54,505