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Judgment
Head of Compensation,"Amount(in
Rs.)
Medical Expenses,"RS.
14,994/-
Special Diet,"RS.
25,000/-
Conveyance,"RS.
20,000/-
Pain & Suffering,"RS.
1,00,000/-
Loss of enjoyment of life,"RS.
1,50,000/-
                                 Â
Total","RS.
3,09,994/-
(rounded
off)
RS.
3,10,000/-
On the contrary, learned counsel for respondents-injured supports the impugned Award and maintains that the compensation granted is just and",
proper. Â,
Upon hearing and on perusal of impugned Award and the evidence on record, I find that Injured-Ramesh in his evidence has categorically deposed",
that driver of tractor in question was driving the tractor rashly and negligently towards Aman Vihar without giving any signal and he turned his tractor,
which led to happening of this accident and after this accident, the driver of tractor in question had tried to flee away but he was caught by the public",
at the spot and the site plan of the spot was drawn. The cross-examination of Injured-Ramesh, who was driving the motorcycle in question reveals",
that there was no worthwhile crossexamination of this witness-Ramesh on the negligence aspect. Â,
Perusal of evidence of Injured-Ramesh and the site plan of the spot persuades this Court to hold that the negligence was of driver of the insured,
vehicle-tractor and no inference of contributory negligence arises from a stray line cross-examination of the Injured-Ramesh regarding his not carrying,
driving licence on the date of accident. The injured who was pillion rider was not wearing a helmet but on this account contributory negligence,
cannot be attributed to her. The compensation awarded to the Injured appears to be just and reasonable. No case for interfering with the,
impugned Awards is made out. Hence these appeals are accordingly dismissed.,
The above captioned appeals are disposed of with direction that statutory deposit, if any, be refunded to the Insurer.Â",