SRI VINOD KUMAR Vs. SMT. ANGURI DEVI

JUDGEMENT

(1.) The appeal is taken up in the revised call. We have heard Sri B.N. Agarwal, counsel for the appellant and Sri P.N. Srivastava, counsel for the Oriental Insurance Company, Sri R.N. Gupta, counsel for the first respondent. Sri Arun Kumar Singh, counsel for The New India Assurance Company is not present.

(2.) By means of the present appeal, the claimant-appellant has challenged the judgment and order dated 19.02.1996 passed by Motor Accident Claims Tribunal/Vth Additional District Judge, Jhansi, whereby the Tribunal has awarded Rs. 85,000.00 with 9 per cent interest as compensation to the claimant-appellant and fixed the liability of compensation upon The New India Assurance Company (Respondent No.3 in the Claim Petition) to pay the compensation.

(3.) The claimant-appellant instituted the claim petition, claiming compensation of Rs. 7,40,000.00 for the injuries alleged to have been suffered by him in an accident on 15.06.1989 in which he lost his one leg. It is stated in the claim petition that the claimant-appellant was travelling in Trolley No. U.G.H.8132 attached with Tractor No. U.G.H.7160 from Jhansi to Badagoan, and when the Tractor reached near gate no. 4 of Medical College Jhansi, it was hit by Truck No. U.H.J. 8764 from behind. The claimant-appellant stated in the claim petition that the truck driver was driving the truck rashly and negligently which caused the accident, due to which several persons suffered injuries. In this background the claimant-appellant prayed for Rs. 15,000.00 for medical expenses, Rs. 10,000.00 towards future medical expenses, Rs. 5,000.00 for the loss of income from 15.06.1989, Rs. 10,000.00 other miscellaneous expenses and diet, Rs. 5,00,000.00 for the disability suffered by him, and Rs. 2,00,000.00 for loss of income. The total compensation claimed was Rs. 7,40,000.00.