SHANKAR LAL Vs. ONKARLAL & ORS

JUDGEMENT

(1.) This appeal is preferred by claimant, who is felt aggrieved by an award rendered by Additional M.A.C.T., Sardarpur, Dhar dated 19.2.1997 in Claim Case No. 1/90. By impugned award, the claimant was awarded a total sum of Rs. 15,000/- for the injuries that he sustained in an accident. Claimant is dissatisfied with what has been awarded to him by the learned Member of the Tribunal. He wants more. According to him, what has been awarded to him is inadequate as compared to the loss that he suffered on account of the injuries. It is for this purpose, he has come up in appeal.

(2.) Facts lie in a narrow compass : Claimant (appellant herein) aged about 34 years at the relevant time on 9.7.1987 was driving a vehicle bearing No. MBI-9070. At the same time another vehicle which was being driven by Onkarlal respondent No. 1, bearing No. MKI-1304 came from opposite direction and dashed to the vehicle of the claimant. As a result of this accident, claimant (appellant) suffered injuries as alleged by him. According to him, he was driver by profession and due to injuries he is unable to perform the acts of driver. He is unable to walk and has received permanent disability in his legs, due to fracture. He has also suffered mental and physical pain.

(3.) The aforesaid incident which resulted into several injuries according to the claimant led to filing of claim petition before the learned Tribunal wherein claimant claimed a sum of Rs. 6,00,000/- by way of compensation. The claim petition was contested only by the Insurance Company. So far as the driver of the offending vehicle as also the owner of the offending vehicle, i.e. respondent Nos. 1 and 2 were concerned, they despite service did not contest the application and remained ex-parte, throughout.