The main legal point established is the assessment of compensation for disability in motor accident cases, considering contributory negligence and proportionate indemnificatory liability.

Sureshwar Thakur, J.

The instant appeal, stands directed, by the disabled claimant/appellant herein, against, the award pronounced, by the learned Motor Accident Claims Tribunal-II, Kangra at Dharamshala, H.P., upon, MACP No. 6-P/2006, on, 30.04.2013, where through, compensation amount, borne in a sum of Rs.70,000/- stood assessed, vis-a-vis, the disabled claimant. The apposite indemnificatory liability thereof, stood fastened, upon respondent No.3, the latter being the insurer of the offending bus, (a) and, upon respondents No.4 and 5, being owner, and, driver of the offending tempo, hence, proportionately, in, 70:30 per centum, (b) given the learned Tribunal recording a finding, that, the disability entailed upon the claimant, being a sequel of contributory negligence, of, the driver of the offending vehicles concerned.

2. It has been fairly stated at the bar by the learned counsel appearing for the contesting litigants, that, respondents No.3, whereupon whom, the apposite indemnificatory liability, in, the afore 70 per centum, visa-vis, the afore stated compensation amount, hence, stood fastened, (i) has not preferred any appeal before this court, where through, it has concerted to make a challenge, upon, the afore fastening thereon, of, the apposite indemnificatory liability. However, respondents No.4, and, 5, whereupon whom, in 30 per centum hence indemnificatory liability stood fastened, rather instituted cross-objection No.52 of 2014, hence, there through, they assail the afore fastening of the indemnificatory liability rather thereon. On the other hand, the claimant's appeal is directed, for, seeking enhancement of compensation amount, as, assessed qua her.

3. The claimant suffered, as, pronounced by disability certificate, borne in Ex.PW1/A, and, proven by PW-1, a, disability to the extent of 20%, disability whereof was a sequel of fracture of cervical spine C-2. PW-1 in his examination-in-chief, has, made a forthright, and, candid articulation qua hence the claimant being forbidden, rather to perform any hard manual work. The learned learned tribunal under heads (i) attendant charges, (ii) pain and suffering, (iii) loss of amenities and future disability, (iv) expenses towards medical expenditure, and, also (v) towards expenses incurred towards transportation charges, hence respectively assessed compensation, in, a quantum as echoed in the impugned award.

4. The learned counsel appearing for the appellant, does not contest, the factum that the disabled claimant, even subsequent to the entailment of the afore per centum of disability upon her, hence continuing to render the prior thereto, hence, callings of her avocation, as, a Sahayak in Aganwari at Gharana, (i) and, that she continues to draw salary borne in a sum of Rs.3000/- per month. Consequently, it can be safely concluded, that, in sequel, to, the entailment of, a, disability in the afore per centum upon her, hence there is no loss of any future earnings, vis-a-vis, her, from the afore hitherto callings, of, the afore avocation. However, the learned counsel appearing, for, the claimant/appellant herein, has, contended with much vigour, before this Court, that the claimant, was prior to befallment, of, the afore disability upon her, rather performing household chores besides she was also assisting her husband in agricultural work, (ii) hence, upon hers being beset, with, the afore disability in the afore per centum, there being reduction, and, diminution in the earnings of her husband from agricultural work, and, also the household chores hitherto performed by the claimant rather being forbidden to be performed by her, hence, the apt pecuniary losses encumbered upon her, enjoining adequate indemnification in respect thereof.

5. However, the claimant in her deposition, has not made, any apposite articulation qua the purported household chores, purportedly performed by her, prior to the entailment of the afore disability upon her, rather being extantly perf