Decided on February 07,2019

M. ELANGOVAN Appellant


M.M.SUNDRESH,J. - (1.) This appeal is filed by the claimant not satisfied with the award of the Tribunal in MCOP No.315 of 2011, dated 02.09.2015, by which a sum of Rs.19,84,120/- was awarded with 7.5% interest. The appellant was travelling in a bus on 04.06.2012 which met with an accident. Along with the appellant scores of other passengers were also injured in the accident. The appellant had his right hand amputated which was replaced with an artificial one. Needless to state that he was forced to undergo surgery for the aforesaid reason. The driver of the vehicle, which was involved in the accident, pleaded guilty and paid the fine before the Magistrate Court, Avinashi in STC No.2142 of 2011.
(2.) The Tribunal, strangely, fixed the contributory negligence on the part of the appellant on mere presumption. It did not award any amount on conventional heads as mandated by the Apex Court in Dinesh Singh v. Bajaj Allianz General Insurance Company Limited and another reported in (2014) 9 SCC 241. Though the disability was fixed at 80%, the compensation amount was was reduced to 50% on the premise that the appellant also contributed for the accident. Challenging the same and seeking enhanced compensation, the present appeal has been filed by the appellant.
(3.) Learned counsel appearing for the appellant would submit that the Tribunal fixed the contributory negligence on mere surmise. No amount has been awarded under the conventional heads. Therefore, the appeal will have to be allowed by enhancing compensation. To buttress his stand, he has placed reliance upon the Apex Court decision in Syed Sadiq and others v. Divisional Manager,United India Insurance Company Limited reported in (2014) 2 SCC 735.;

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