THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.918 of 2003 ORAL JUDGMENT: Heard both sides. 2. Aggrieved by the order and decree, dated 27.9.2002, in O.P.No.268 of 1999, passed by the Chairman, Motor Accident Claims Tribunal-cum-District Judge, Adilabad, (for brevity “the Tribunal”), awarding 60 per cent of the awarded compensation of Rs.27,600/- as against the claim of Rs.75,000/- for the injuries sustained by the 1st respondent-claimant in the motor accident that occurred on 03.11.1998 at 12-00 Noon, near Bharathi Camp, Purna Taluk, Parbhani District of Maharashtra State, due to the contributory negligence on the part of the 1st respondent-claimant in not changing the tyre of the jeep, bearing No.AP 1D 1001, belonging to the 2nd respondent, the present civil miscellaneous appeal has been preferred by the appellant- insurer. 3. The appellant herein is the insurer, 1st respondent is the claimant and 2nd respondent is the owner of the jeep. The particulars regarding the method and manner in which the accident took place are not referred to since already on record. The Tribunal, after appreciating the evidence on record, both oral and documentary, awarded a sum of Rs.27,600/- in which the 1st respondent claimant is entitled to only 60 per cent in view of the contributory negligence. Thus, the compensation awarded to the claimant comes to Rs.16,560/- . Aggrieved by the same, the present appeal is filed by the appellant- insurer. 4. The only point that arises for consideration in this appeal is whether the quantum of compensation awarded by the Tribunal is proper and justified. 5. The total amount of compensation awarded by the Tribunal is Rs.27,600/-. Out of which, the 1st respondent-claimant is entitled to receive only 60 per cent in view of contributory negligence, which comes to Rs.16,560/- only. Therefore, the quantum of compensation under challenge is too trivial for this Court to consider. It is rather uncharitable on the part of the appellant-insurer to file appeals in such trivial matters also. 6. Therefore, I do not find any irrationality in the compensation awarded by the Tribunal and the order of the Tribunal does not suffer from any infirmity. 7. In the result, the civil miscellaneous appeal is dismissed. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA 08.07.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA CIVIL MISCELLANEOUS APPEAL No.918 of 2003 08.07.2010 (Msr)