ZILE SINGH ALIAS DILE SINGH Vs. KRISHAN LAL AND OTHERS
LAWS(P&H)-2014-5-913
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 13,2014

Zile Singh Alias Dile Singh Appellant
VERSUS
Krishan Lal and Others Respondents

JUDGEMENT

Jitendra Chauhan, J. - (1.) The present appeal has been filed by the claimantappellant, seeking enhancement of the compensation amount awarded by the learned Motor Accidents Claims Tribunal, Kaithal (for short 'the Tribunal'), vide award dated 7.1.2011, on account of the injuries suffered by him in a motor vehicular accident.
(2.) Learned counsel for the appellant contends that the learned Tribunal erred in deducting the amount to the extent of 20% from the compensation, on account of contributory negligence. The appellant was pillion rider on the motorcycle alongwith two other riders. He submits that carrying more passengers does not amount to contributory negligence on the part of the pillion riders. The appellant suffered permanent disability to the extent of 13% on account of shortening of leg by 3-4 inches. He also suffered compound fracture of left femur. He prays for the enhancement of the compensation.
(3.) On the other hand, the learned counsel appearing for the respondent- Insurance Company vehemently opposes the prayer of the appellant and submits that the compensation awarded by the learned Tribunal is just and adequate. Therefore, the present appeal deserves to be dismissed.;


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