ALOK KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal preferred under section 173 of the Motor Vehicles Act, 1988 (Act 59 of 1988), is directed against the award and order dated 30.1.2004, passed by Motor Accidents Claims Tribunal/Additional District Judge, Haldwani, District Nainital, whereby Claims Tribunal has awarded a sum of Rs.86,500 as compensation to claimant-appellant on account of injury received by him in the accident in question and rejected the claim in respect of the rest of amount. (Amount claimed was Rs.5,00,000).

(2.) Brief facts of the case are that on 12/1/2002 at about 8.45 p.m., the claimant-appellant was travelling by an auto bearing registration No.UP 02-B 7601 in Haldwani, when suddenly a bus bearing registration No.04-A 0375, which was being driven rashly and negligently by its driver, dashed with the auto. In the accident, the appellant suffered fracture in the left leg and also fracture in the forearm. He was rushed to Civil Hospital, Haldwani, where-from he was referred for further treatment to Bareilly. The report of the accident was lodged to the police and was registered as Crime No. 259 of 2002. The appellant's case is that he spent more than Rs.1,00,000.00 in his treatment and had to remain in the hospital for more than one month. It is further alleged that the appellant lost his job as salesman by which he was earning Rs.5,000 per month due to the accident. The owner of the vehicle and the insurance company contested the claim before the Tribunal. The owner in his written statement submitted that his vehicle was insured with New India Assurance Co. Ltd. under the cover note No.117867 dated 25/5/2001. Insurance company contested the claim on the ground that the company was not informed of the accident nor the vehicle plied with the valid documents. Learned Tribunal framed as many as five issues and recorded the evidence. It decided all the issues in favour of the claimant but as to the quantum of compensation, the Claims Tribunal found that the claimant could prove expenditure of Rs.61,500.00 only in his treatment. For the loss as to his earnings, Rs.25,000.00 was further awarded to him. As such, in all, the claim petition was allowed for Rs.86,500.00. Aggrieved by which this appeal is preferred by the claimant.

(3.) We heard learned counsel for the parties and perused the entire record.