RAMESHCHANDRA Vs. MOHANLAL & ORS.

JUDGEMENT

(1.) Being aggrieved by the award dated 29-11-2003 passed by MACT, Shajapur in claim case No. 58/03 whereby the claim petition filed by the appellant was allowed and compensation of Rs. 1 Lac was awarded in an injury case, the present appeal has been filed.

(2.) Short facts of the case are that appellant filed a claim petition alleging that in a motor accident which took place on 16-10-2002, appellant who is agriculturist sustained injuries in right hand. It was alleged that accident took place when the appellant was loading the tractor attached with trolley. It was alleged that offending tractor bearing registration No. MP13 KA 2257, 2258 which was being driven by respondent No.2 rashly and negligently and owned by respedt. No. 1 and insured with respondent No.3, dashed the appellant, with the result appellant sustained crush injuries. It was alleged that claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No.3 and against respondent Nos. 1 and 2 it proceeded ex-parte. After framing of issues and recording of evidence learned tribunal allowed the claim petition and awarded compensation of Rs. 1 lac. against which the present appeal has been filed.

(3.) Learned counsel for appellant submits that appellant has spent more than Rs. 1,25,000.00 for which medical bills have been produced but learned tribunal has awarded only Rs. 5,000.00. It is submitted that permanent disability to the extent of 50% has also been proved by the learned tribunal but only a sum of Rs. 50,000.00 has been awarded and in number of heads no amount has been awarded. It is submitted that in the facts and circumstances of the case, the appeal be allowed and compensation be enhanced. For this contention reliance is placed on a decision in the matter of Sitaram Sahu Vs. State of M. P. 2010 ACJ 1196 wherein in a case of amputation of right arm above elbow and appellant was constable in Homeguard and his services were terminated after the accident, this Court awarded a sum of Rs. 5,05,000.00.