SUGHAR SINGH Vs. RAJ NARAYAN MISHRA

JUDGEMENT

(1.) The appellant has filed this appeal for enhancement of the award dated 31.8.2005 passed by Motor Accident Claims Tribunal/Special Judge (E.C. Act), Etawah in M.A.C. No. 15 of 1997, whereby compensation of Rs. 30,000 have been awarded to the appellant on account of injuries sustained by him in motor accident. It appears that an accident took place on 9.10.1996 at about 4.00 p.m. in Qasba Auraiya, district Etawah when the appellant was standing on left side of the road he was dashed by Truck No. U. P. 78/N-5509 on account of rash and negligent driving of its driver. The appellant suffered grievous injuries. He was taken to Government Hospital, Auraiya but doctor was not available. He was treated by Dr. Katiyar and X-ray of his right leg was taken in which bone was found fractured. Thereafter the appellant got treatment from Dr. P. M. Gadre, Kanpur and also treated by Dr. U. S. Verma, B.I.M.S. Certificate of disability has been filed wherein disability of 40% was noted by the Chief Medical Officer. The appellant filed claim petition claiming compensation of Rs. 10,41,000 against the owners and the insurer of the aforesaid truck. The owners of the truck denied the negligence of their driver and charged the appellant for his own negligence. The insurance company contested the claim and stated in its written statement that the appellant has not suffered any fracture in his left leg and he is walking normally. The insurance company further claimed that the driver of the truck if not found to possess the valid driving licence they are not liable to indemnify the award.

(2.) The claimant examined himself as P.W. 1 and also produced P.W. 2. He has filed papers regarding medical expenses and has also filed several certificates. The opposite parties No. 1 and 2 examined, Shri Raj Narayan Mishra as O.P.W. 1 and have filed insurance, whereas opposite party No. 3 examined Prem Sonkar as O.P.W. 2.

(3.) After hearing the counsel for the parties, the learned Tribunal has found that the accident took place due to rash and negligent driving of Truck No. U. P. 78/N-5509 by its driver. The appellant sustained grievous injuries. It was further found that the insurance company could not prove that the driver of the truck was not having a valid licence. However, it was determined that on the date of the accident offending truck was insured with the opposite party No. 3. The learned Tribunal, after perusing the evidence adduced by the claimant with regard to the injury and expenses incurred in the medical treatment, has awarded compensation of Rs. 30,000 together with interest at the rate of 7% per annum. Aggrieved the appellant has come up in appeal.