SAJANKUMAR MADHOPRASAD GOYAL Vs. JUWANSINGH S/O RAJENDRASINGH

JUDGEMENT

(1.) The First Appeal is by claimant in motor accident claim petition challenging judgment and award dated 30.10.1991 delivered by the Motor Accident Claims Tribunal, Wardha in Motor Accident Case No. 13/1984. The admitted facts on record show that on 27.5.1984 the present appellant was a passenger in a motor car which met with an accident and he got injured. The Doctor certified that he had 20% disability. On the basis of that certificate proceedings under section 110-A of the Motor Vehicles Act, 1939 were initiated claiming total compensation of Rs. 3,10,000/-. The Insurance Company as also other respondents denied the claim as also entitlement. The Motor Accident Claims Tribunal framed issues and answered the same as under :

(2.) After appreciation of evidence Claims Tribunal found that the non-applicant nos. 1[a] to 1[d] as also non-applicant nos. 2 and 3 before it were liable to pay amount of Rs.47,500/- with interest @ 15% p.a. From the date of application till its realization. It also found that non-applicant nos. 4 and 5 i.e. owner of offending truck and its insurer were also liable to pay amount of Rs. 47500/- with similar interest. Aggrieved by this adjudication the present first appeal has been filed and claim in first appeal has been valued at Rs.8,15,000/-.

(3.) During pendency of the appeal, appellants have moved Civil Application No. 4840/2006 pointing out that his suffering on account of injury in accident has increased and his total disability of right lower limb was diagnosed to be 90% by Dr. Sanjay Marwha on 1.2.2006. Prayer is therefore, to sanction total compensation of Rs.6,75,000/-.