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2012 Supreme(Del) 3267

G.P.MITTAL
Mohd Israj – Appellant
Versus
Dharambir – Respondent


Advocates Appeared:
For the Appellant : Manish Maini.
For the Respondents: D.D. Singh, Mr. Navdeep Singh.

JUDGMENT :

G.P. Mittal, J.

1. The Appellant Mohd. Israj impugns a judgment dated 18.10.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 73,672/- was awarded for the injuries suffered by him in an accident which occurred on 25.05.2008. While awarding the compensation the Claims Tribunal opined that the Appellant also contributed to the accident and thus held the Respondents liable to pay only 50% of the compensation awarded.

2. The Appellant suffered fractures of nasal bones, right forearm, left knee, right wrist. His three teeth were partly broken. He was granted compensation under various heads which can be tabulated hereunder:-

(a)

Loss of income

Rs. 10,900/-

(b)

Medical expenses

Rs. 2772/-

(c)

Pain and suffering etc.

Rs. 50,000/-

(d)

Special diet and conveyance charges

Rs. 10,000/-

 

Total

Rs. 73672/-

3. It is urged by the Learned Counsel for the Appellant that the Tribunal erred in holding the Appellant negligent merely on the ground that the





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