In Brief
A motorcyclist was struck by an auto truck in North Tripura, sustaining a 30% permanent disability to the knee. The Motor Accident Claims Tribunal awarded Rs. 3,17,360 in compensation. The insurer appealed, contending contributory negligence should have been considered, medical expenses were not properly proved, and income was unjustified. The Court held that contributory negligence cannot be raised on appeal if never pleaded at trial; the evidence clearly established the truck driver's rash negligence alone. Medical expenses, proven by documents, are recoverable without formal referral. The income determination stood as the claimant was not cross-examined. The award was just and reasonable. Appeal dismissed."
The lawyer headnote and full judgment text are available to registered users.