RAJESH KUMAR Vs. KUNWAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award dated 13.9.1996, in Motor Accident Claims Case No. 35/91, by Addl. Motor Accident Claims Tribunal, Multai, Betul, whereby an award of Rs. 46,918/- has been granted in favour of the claimant/respondent No. 1.

(2.) IT is now not in dispute that the claimant/respondent No. 1 is an Advocate. He was driving his motorcycle No. BTA 7332 from Amla to Multal, his motorcycle was dashed by another motorcycle No. ADG 4195, driven by respondent No. 2 Shiv Shankar.

(3.) LEARNED Tribunal after assessment of material and evidence on record concluded that the accident occurred on account of respondent No. 2 Shiv Shankar Thakur driving motorcycle ADG 4195 rashly and negligently. It was also held that the appellant is the owner of the said vehicle. It was further held that the respondent No. 1/claimant suffered fracture in his left leg. He had to incur expenditure of Rs. 6,918/- in his treatment. He suffered loss of earning of Rs. 15,000/-, towards non-pecuniary damages for mental and physical pain Rs. 25,000/- were awarded. Thus a total award of Rs. 46,918/- was granted in favour of claimant/respondent No. 1.