JUDGMENT : 1. This appeal is filed by the claimant challenging the judgment and award dated 8.4.2015 passed by the Court of VIII Addl. Small Causes Judge and MACT, (SCCH5) Bangalore in MVC 3161/2011. 2. Brief facts of the case: On 14.11.2010 at about 7.45 a.m. when the claimant was riding his motorcycle bearing Registration No.KA01EJ2985 on White-filed Main Road, near ESI Junction, the driver of the BMTC bus bearing Registration No.KA01FA1056, came in a rash and negligent manner and dashed against the motorcycle and caused accident. As a result, he sustained injuries and immediately he was shifted to the hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW1, Dr.Vijaylakshmi as PW2, Dr.Manjunath Medleri as PW3, Dr.Shankar as PW4 and another witness as PW5 and submitted 24 documents. On the other hand, the Insurance Company examined 3 witnesses as RWs1, 2 and 3 and produced 4 documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.80,900/with interest at 8% p.a. after deducting 25% negligence on the part of the claimant. Being aggrieved by the same, the present appeal is filed. 3. The learned counsel for the claimant has raised the following contentions: Firstly, the claimant was riding his motorcycle on the left side of the road following the traffic rules. The accident has occurred due to sole negligence on the part of the driver of the BMTC bus. The Tribunal has wrongly held that the claimant has also contributed to the accident to an extent of 25%. Secondly, the claimant has sustained chip fracture of left calcaneum. PWs2, 3 and 4, the doctors have stated that the claimant has suffered 18% disability to particular limb and 5% disability to whole body. Considering the same, the Tribunal has granted compensation on the lower side. Hence, the learned counsel for the claimant prays for allowing the appeal. 4. Per contra, the learned counsel for the Insurance Company has raised the following counter contentions: Firstly, the Tribunal on verifying the documents produced by the parties, has rightly held that the accident has occurred due to contributory negligence on the part of the claimant as well as the driver of the BMTC bus to an extent of 25% and 75% respectively. Secondly, the injuries sustained by the claimant are minor in nature. Secondly, the injuries sustained by the claimant are minor in nature. Therefore, considering the oral and documentary evidence, the Tribunal has granted just and reasonable compensation. Hence, the learned counsel for the Insurance Company prays for dismissal of the appeal. 5. Heard the learned counsel for the parties. Perused the records. 6. It is not in dispute that the claimant had sustained injuries in a road traffic accident occurred on 14.11.2010. RE: Negligence: 7. On perusal of the records such as spot sketch Ex.P3, mahazar Ex.P4, accident report Ex.P5 and IMV report Ex.P6, it is clear that the accident has occurred due to contributory negligence on the part of the claimant as well as the driver of the BMTC bus. Therefore, the finding of the Tribunal that the accident has occurred due to contributory negligence on the part of the claimant as well as the driver of the BMTC bus to an extent of 25% and 75% respectively, is confirmed. RE: Quantum 8. As per wound certificate, the claimant has sustained chip fracture of left calcaneum. PWs2, 3 and 4, the doctors have stated that the claimant has suffered 18% disability to particular limb and 5% disability to whole body. Taking into consideration the injuries mentioned in the wound certificate Ex.P7 and 8, discharge summaries Ex.P9, this court is of the opinion that the claimant is entitled for global compensation of Rs.40,000/in addition to compensation of 1,07,800/awarded by the Tribunal. 9. For the reasons stated above, this appeal is partly allowed. The judgment and award of the Tribunal stands modified. After deducting contributory negligence of 25% on the part of the claimant, he is entitled for compensation of Rs.1,10,850/as against Rs.80,900/awarded by the Tribunal. 10. The Insurance Company is directed to deposit the entire compensation amount before the Tribunal along with an interest @ 8% per annum, from the date of filing of the claim petition till the date of realization, within a period of three months from the date of receipt of the certified copy of this judgment. The amount so deposited shall be released forthwith to the claimant by the learned Tribunal after verifying his identity.