LAWS(SC)-2019-5-99

DARA SINGH @ DHARA BANJARA Vs. SHYAM SINGH VARMA

Decided On May 01, 2019
Dara Singh @ Dhara Banjara Appellant
V/S
Shyam Singh Varma Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appeal arises out of the impugned final order dated 13.08.2018 passed in MA No.134/2016 by the High Court of Madhya Pradesh, Bench at Gwalior whereby the High Court enhanced the compensation by Rs.4,00,000/- in addition to the compensation already awarded by the Claims Tribunal without granting any interest from the date of filing of claim. 2. Briefly stated, the facts of the case are that the appellant Dara Singh @ Dhara Banjara was working as a Cleaner on Truck No.MP09-HG-1118. When the Truck was being driven by respondent No.1-Shyam Singh Verma from Saavda to Kanpur after loading the goods, at around 1:30 AM, respondent No.1 hit the Truck with another Truck parked on the road in front of Chaturvedi Petrol Pump, Bhognipur. In the above incident, the appellant got stuck in Truck and was taken out with great Signature Not Verified difficulties. He was immediately taken to Gandhi Memorial & Research Centre, Lucknow for treatment.

(3.) On account of injuries suffered, the left hand of the appellant was amputated from below his shoulder. He also sustained fracture of left leg and nail was also inserted through operation. After discharge from the hospital at Lucknow, he was admitted to District Hospital, Shivpuri, Madhya Pradesh for further treatment.