JUDGMENT

1. The claimant, being dissatisfied with the following compensation awarded by the Tribunal, is in appeal:

2. The occurrence of the accident is not in dispute.

3. Though the Doctor was examined and he indicated that neurologically the claimant had suffered 100% disability, the Tribunal has assessed the disability at 25% since the claimant appeared before it and examined himself as P.W.1.

4. The Tribunal has also held that the claimant had contributed to the accident to the extent of 25% and has accordingly reduced the compensation.

5. Admittedly, the claimant was a pedestrian and even according to the sketch, the accident has occurred due to the impact with a motorcycle, when he was apparently crossing the road. Merely because the claimant was crossing the road that would not lead to an inference that he had contributed to the accident. The motorcyclist, who was riding the motorcycle, was obviously required to be aware of any pedestrian and after the accident with the pedestrian, it cannot be contended that the pedestrian had contributed to the accident. The finding of the Tribunal that the claimant had contributed to the accident to the extent of 25% is, therefore, set aside and it is held that the rider of the motorcycle was alone responsible for the accident.

6. It may also be pertinent to state here that the police had in fact laid a charge sheet against the rider of the motorcycle. Thus, even according to the police, the rider of the motorcycle was negligent.

7. As far as compensation is concerned, as stated above, the Tribunal assessed the disability at 25%. The claimant was admitted in St.Joseph’s hospital on 22.12.2016 and was discharged on 01.04.2017 as per the discharge summary - Ex.P.7. The course in the Hospital is described in the following terms:

“Patient was admitted to the hospital with h/o RTA. Sustaining injury to the head, Emergency intubation was done and cancelled to ventilator ACV MV mode. C.T.Head showed Small SDH Both frontal region bilateral haemorrhagic contusion frontal lobe-SAH, Fracture transverse process of C7 Vertebra. X-Ray showed Frature Left Ulna. Was given reference to Orthopedician & Cardiologist & advice followed. Tracheostomy was done on 27/12/16. Patient was found to have left Hemiparesis. MRI Brain showed Multiple cerebral Haemorrhagic contusions involving bilateral anterior frontal lobes, left medial temporal lobe & left capsuloganglionic region, Subacute small subdural Hematomas over Bilateral frontal and bilateral parieto-occipital lobar convexities extending to inter hemispheric Fissure, Diffuse axonal Injury, Diffuse cerebral edema, evidence of bilateral hemo-mastoid & Bilateral Paranasal hemosinus-Possible Fracture. Patient was weaned off from ventilator & put on T-Piece. Maintained saturation at room air. Was shifted to ward. Was given reference to Physician for Hyponatremia & advice followed. Patient underwent Surgey ORIF with Plate & Screw on 06/01/7. During the course patient was treated with Inj. Mannitol, Inj. Fosolin, IV antibiotics, antacids, analgesics, IV Fluids & other supportive medications. Decanulation was done on 13/02/17. Patient improved & was discharged, At the time of discharge patient was conscious, oriented with stable vitals. ”

8. As could be seen from the said discharge summary, the claimant was hospitalised for almost four months and it was recorded in the discharge summary that he was put on ventilator and he had suffered left Hemiparesis. The claimant was also subjected to neuropsychology assessment at NIMHANS. The Neuropsychological Assessment Report states as follows:

“Summary of Test Findi