J U D G M E N T

This is an appeal preferred against the award of the Claims Tribunal, Ernakulm in OP(MV)No.3020/2002. The claimant, an employee of the FACT, sustained injuries in a road accident while a motor cycle in which he was travelling collied with a car and the Tribunal found him contributory negligent to 20% and awarded a compensation of Rs.37,200/=. It is against that decision, the claimant has come up in appeal.

2. Heard the learned counsel for all sides. The learned counsel for the appellant would contend that the Tribunal did not allow any medical expenses and further that though his salary was accepted as Rs.14,610/= and as he was on leave for 77 days, did not give proper compensation for that period. The learned counsel also contends that the finding of contributory negligence is incorrect. The accident took place in a busy part of the town. When the car which met with the accident was moved forward it was at that time the motor cycle came and hit on the right bumper of the car. In a place like Kochi city where the traffic is so congested and if a person bestows some degree of care, he could have averted this accident. Similarly when a car is parked and it is being tak