PRADEEP Vs. RAJIV

JUDGEMENT

(1.) BY this appeal, the judgment and Award passed on 06.10.2001 in Claim Petition No. 341 of 1989 delivered by the Motor Accident Claims Tribunal, Nagpur, has been challenged.

(2.) THE appellant is the person who had suffered injuries in the accident which had occurred at about 8 -30 p.m. of 7.5.1989 near R.B.I. Square, Nagpur. According to the appellant, at that time, he was riding his motor cycle when one truck bearing registration No. MWY -7354 owned by late Ishwarchand Verma, respondents 1(A) and 1(B) are his legal heirs, and insured with respondent no. 2 coming from opposite direction in a great speed, gave a dash to the motor cycle, dragging the motor cycle rider as well as the motor cycle along with it. The appellant, who was the motor cycle rider, sustained grievous injuries in the nature of fracture of his ribs and dislocation of joints of his left leg. The appellant submitted that this accident was caused due to rash and negligent driving of the offending truck by its driver. The appellant submitted that at the time of accident he was 32 years of age and, being an educated person, had a very promising business career. He submitted that he was then partner in four firms, but on account of the grievous injuries suffered by him in the accident which led to causing of permanent disability in him, the appellant was unable to look after his business and his earning capacity was reduced substantially. Assessing the loss suffered by him, he claimed compensation of Rs. five lac from the respondents jointly and severally. He also claimed Rs. one lac towards mental agony and shock. Thus, he filed claim petition under Section 166 of the Motor Vehicles Act for payment of compensation of Rs. six lac to him.

(3.) UPON consideration of the evidence available on record, the learned Member of the Tribunal found that the accident occurred only because of rash and negligent driving of the offending truck, and since respondents 1 and 2 were respectively the owner and insurer of the truck, the learned Member further found them to be liable to pay compensation. But, the learned Member did not grant any compensation for the income loss and held that an amount of Rs. 80,000/ - in lump sum would be just and proper compensation for the injuries suffered by the appellant. The learned Member also granted medical expenses actually incurred by the appellant. Thus, the total compensation granted by the Tribunal was to the extent of Rs. 82,067/ -. Accordingly, by its judgment and Award passed on 6.10.2011, the Motor Accident Claims Tribunal, Nagpur, partly allowed the petition of the appellant. Not satisfied with the same, the appellant has preferred the present First Appeal.