MANAGING DIRECTOR Vs. SYED NISAR AHMED

JUDGEMENT

(1.) In an accident that took place on 19/05/1994, the claimant suffers injuries. The injuries as described by PW 2, PW 4 and PW 5, who are the doctors, are that the claima nt sustained multiple injuries including extensive incarcerated injury over the right thigh and other injuries resulting in permanent disability to the extent of 6 5% to 7 0%.

(2.) We have heard the parties. This appeal has been filed by the Managing Director, BM TC, the owner of the offending bus. The appeal is against the award passed by the Motor Accident Claims Tribun al and the enhancement made by the High Court. Before we proceed to examine the quantu m of compensation, we may at this stage, recite the facts as to how the claimant conducted himself.

(3.) Claim Petition was filed on 03/06/1994. It was dismissed in default on 12/03/1997. Thereafter, the claima nt filed complaint before the Consumer Foru m on 09/10/1997 for the same cause of action. In the said petition, he asserted that he is suffering out of the injuries sustained by him due to negligence of doctors. He filed a restoration application on 17/05/1998 before the MACT but he did not disclose that he has also filed a petition before the Consumer Foru m for compensation for the same cause of action. The restoration application was allowed on 15/07/1998. In his original claim, he made a claim of Rs. 5,00,000/-. He filed an amendment application for claiming Rs. 25,00,000/- including the original claim. The amendment application was allowed on 28/03/2001.