GUMAN MAL LODHA,J. -
(1.)THIS appeal is directed against the Award dated the 28th September, 1981, of the Motor Accidents Claims Tribunal, Kota, awarding Rs. 25,000/ - as compensation in favour of the claimant Mohanlal, though it was claimed of Rs. 2,00,000/ -. In relation to the accident which took place on 22th April, 1975, at about 10.30 a.m. on the main road of Ghantaghar, Kota -Police Line (Baran road) at a small distance of main gate of Regional Transport Authority Office involving truck No: RJR 3422 owned by Smt. Balwant Kaur, the respondent No. 1 and driver by Ranjit Singh, the respondent No. 2 and insured with the Oriental Fire and General Insurance Company, Branch office, Kota, the respondent No. 3 and motor cycle No. RRR 2438 owned and driven by the deceased Babu Lal, behind whom Mohan Lal, the appellant -claimant was sitting on the motor cycle.
(2.)THE accident took place when Babulal and Mohanlal who were going from the R.T.O. office towards Ghantaghar crossing with the intention of going to the city, while turning their motor cycle at the exit gate of the R.T.O. office, found the truck No. 3422 coming from the opposite direction with an excessive speed, driven rashly and negligently by Ranjit Singh and, the said truck struck and dashed against the motor cycle taking sudden turn towards left side in which direction the motor cycle had already taken a long turn in order to save from being run over by the truck. On account of this the truck dashed against the front bumper of the motor cycle and Babulal and Mohanlal came beneath the truck and, were dragged by the truck upto a distance of 25 feet. Babulal died on account of this accident and the appellant sustained fractures and injuries for which he had to remain admitted in Kota hospital from 25th April, 1979 to 5th May, 1979 and in Bombay hospital for treatment from 7th May, 1979 to 22nd July 1979. At Bombay hospital the operation of the fractures of the appellant was done and skin grafting of his left leg was carried out from where he was discharged on 22nd July, 1979 but, on 23rd July, 1979 he had to remain admitted in Indore hospital and confined to bed thereafter on account of liability to move about.
Two claim petitions, being No. 87/79 by the appellant Mohanlal and No. 88/79 by the dependants of the deceased Babulal, were filed against the truck owner and driver so also against the Insurer of the truck, before the Motor accident claims Tribunal, Kota.
(3.)HERE , Mohanlal, the claimant in claim petition No. 87/79 has preferred appeal before this court being aggrieved from the finding of the Tribunal regarding the appointment of the liability on account of the contributory negligence of Babulal and consequent deduction of compensation from Rs. 50,000/ - to Rs. 25,000/ -. The appellant has also claimed that even otherwise the amount of compensation is too inadequate.