The court modified the compensation awarded to the claimant, enhancing it to Rs.10,24,800/- while affirming the principle of contributory negligence at 50%.

JUDGMENT :

S. Sounthar, J.

Aggrieved by the quantum of compensation fixed by the Tribunal, the appellant/ claimant has come before this Court by way of this appeal.

2. According to the claimant, he was travelling in a bus belonging to the Respondent Corporation on 10-07-2016. The driver of the bus had driven the vehicle in a high speed and applied sudden brake. Therefore, the claimant lost his balance and had fallen down from the bus. The driver of the bus proceeded to drive the vehicle and hence, the rear wheel of the bus ran over the legs of the claimant. Therefore, the claimant suffered fracture injury on his right ankle. The claim petition was filed by the appellant seeking compensation of Rs.20 lakhs.

3. The Respondent corporation filed a counter and opposed the claim petition on the ground that the accident had occurred due to the negligence on the part of the claimant and hence, it is not liable to pay any compensation.

4. Before the Tribunal, the claimant was examined as P.W.1 and 9 documents were marked as Exhibit P1 to Exhibit P9. The driver of the bus was examined as RW1. The accident register report was marked as Exhibit R1.

5. The Tribunal, on appreciation of evidence available on record, came to the conclusion that the claimant also contributed to the accident and fixed 50% contributory negligence on him. The Tribunal awarded a compensation of Rs.4,87,300/-. Not satisfied with the same, the claimant has come before this court by way of this appeal.

6. The learned counsel for the appellant/claimant submitted that the Tribunal, without properly appreciating the evidence of claimant as PW1 and the contents of the FIR, erroneously fixed 50% contributory negligence on the claimant and the same is liable to be set aside. He further submitted that the Tribunal fixed notional income at Rs. 10,000/- per month and the same needs to be enhanced. It is also submitted that as per the disability certificate, Exhibit P7, the disability of the claimant was assessed at 45% by the Medical Board and the same was reduced to 30% by the Tribunal without any justifiable reason.

7. The learned counsel for the respondent corporation vehemently contended that even in the FIR, it is clearly mentioned that the claimant lost his balance and fell down from the bus and in the absence of anything in the FIR regarding negligence on the part of the driver of the bus, the Tribunal was justified in fixing 50% contributory negligence on the part of the claimant. It is further submitted that the claimant failed to produce any document to substantiate his claim of income and hence, the Tribunal was justified in fixing notional income at Rs.10,000/- per month. It is also submitted that the claimant suffered locomotor disability of 45% in the right leg and the same is converted to whole body permanent disability and hence, disability assessed by the medical board was reduced to 30% by the Tribunal.

8. The Exhibit P1 is the FIR registered by the police on the basis of the complaint given by one Karthik, who happens to be the co- passenger and friend of the claimant. He clearly stated in the FIR that the claimant was travelling in the foot board, lost balance and fell down from the bus. Though the alarm was raised by the co-passenger, without heeding to the same, the driver of the bus proceeded to drive the vehicle for some time and then, stopped the vehicle. In the meantime, the rear wheel of the bus ran over the right ankle of the claimant. The driver of the bus was examined as RW1. He clearly deposed that the claimant travelled in the foot board and he fell down from the bus on his own. Exhibit P1, FIR was registered on the basis of the information furnished by the co-passenger, who also happens to be the friend of the claimant. In the FIR, he clearly stated that the claimant travelled in the foot board and he lost the balance and fell down from the bus. It is not the case of the co-passenger that the driver of the bus applied a brake and due to the same, the c