INDRA PAL SINGH Vs. SHOBHA SRIVASTAVA AND OTHERS

JUDGEMENT

(1.) This appeal under Sec. 173 of the Motor Vehicle Act, 1988, has been filed by Indra Pal Singh against Smt. Shobha Srivastava, owner of offending vehicle and its insurer the Oriental Insurance Company Ltd. for enhancement of compensation awarded by impugned Award dated 28.7.2003 passed by M.A.C.T./ Additional District Judge, Court No. 3, Kanpur Nagar, in M.A.C.P. No. 749 of 2001, Indra Pal Singh Vs. Smt. Shobha Srivastava and another, on the ground that the Tribunal has failed to appreciate the facts and law placed before it. It was a claim case based on injury in which the claimantappellant being a practising lawyer of 15 years of standing was with earning of Rs. 10,000.00 per month proved by the testimonies of his witnesses PW1 and PW2 coupled with documentary evidence of permanent disability of 40% (paper no. 46 Ga) but the Tribunal failed to appreciate it. The feamer bone in the right leg of the appellant was fractured and a surgery by inserting iron rod was made over it. All the medical prescriptions, bills and other papers were filed by the claimant as paper nos. 5 Ga, 45 GA, 46 GA, 53 Ga, 20 GA to 33 Ga, 36 Ga, 37 Ga and 49 Ga but these were disbelieved by the Tribunal and a meagre amount has been awarded, hence this appeal.

(2.) Heard learned counsel for both sides and perused the judgment and material placed on record.

(3.) Claim petition no. 749 of 2001 was filed before the M.A.C.T., Kanpur Nagar, by Indrapal Singh against Smt. Shobha Srivastava, owner of offending vehicle, and its Insurance Company for a claim of Rs. Nine lacs with interest at the rate of 15% per annum on the ground that the claimant being a practising lawyer at Kanpur Nagar along with his co-Advocate Sri Anil Kumar Pal was on the way from Court to home by his motorcycle bearing Registration No. UP 78D 6477 when on 5.9.2001 at about 6.00 P.M. he was near Mohan Vidya Mandir a Tempo bearing registration no. UP 78T 9313 being driven rashly and negligently by its driver came from Nand Lal Chauraha and dashed his motorcycle resulting in grievous injury to the claimant. His feamer of right leg was fractured. He was taken to Hospital of Dr. A. K. Agarwal where he was admitted. Thereafter on 6.9.2001 he was admitted to Ahuja Nursing Home and then to C.L. Nursing Home where he was operated by Dr. T.P. Singh and iron rod was inserted. He remained in the hospital from 6.9.2001 to 11.9.2001. Thereafter he remained under treatment of Dr. T. P. Singh. He was on complete bed rest for three months and owing to which his court work was disturbed. He was a practising lawyer since 1982 and was earning Rs. 10,000.00 per month, hence this appeal.