FAO No. 6001 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 6001 of 2010 Date of decision March 9, 2011 Baldev Singh ....... Appellant Versus Hawa Singh and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Arvinder Kumar, Advocate for Mr. Gaurav Jain , Advocate for the appellant. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is for enhancement of claim for compensation for injury suffered in a motor accident. The accident was said to have taken place when the claimant who was travelling in a motor cycle took a turn to a side road from the main road and got hit by a motor car coming from behind. The claimant had fallen down and suffered injuries requiring his hospitalization at G. H. Tohana, when he had bleeding and abrasions all over his body. An injury of 3 cm. X ¾ cm. In the right leg and right ankle on the right leg had been x-rayed and they were found to be fractures. It is not clear from the order as to the nature of injuries or the number of days of hospitalization. The Tribunal found that the accident had resulted only by a contributory negligence of the complainant suddenly FAO No. 6001 of 2010 2 turning to the right without sufficient indication to a vehicle coming from behind to know that the vehicle in front was going to turn. On the evidence of both the parties namely the petitioner and the respondent, the Tribunal apportioned responsibility for the accident at 50% each. I find no reason to differ with the reasoning of the Tribunal and I affirm the finding of contributory negligence. As regards compensation for injuries the Tribunal had provided for 6,193/- which were covered under the bills Ex. P-6 and P- 26 ascertained a compensation of `10,000/- for a 5% disability determined by the doctor, awarded `10,000/- for pain and suffering and made assessment of `10,000/- for loss of income. The over all assessment of `36,200/- addresses all possible heads of claim. Consistent with the finding that there was a contributory negligence there had been a partial abatement of the claim and the award had been passed for the accident to which the respondent had contributed to the accident. I do not find any ground to assail the award. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE March 9 , 2011 archana