MOHANLAL SHARMA Vs. MOHANLAL

JUDGEMENT

(1.) This appeal is directed by the appellant registered owner of the offending vehicle being aggrieved by the award dated 27-10-1998 passed by Second Additional Motor Claims Tribunal, Khandwa in Claims Case No. 13/97 whereby the claim of respondent No. 1 with respect of injuries sustained in a vehicular accident by exonerating the respondent No. 3, Insurer has been awarded jointly and severally against the appellant and respondent No. 2 the driver of the alleged offending vehicle for the sum of Rs. 87,500/- along with interest @ 12% p. a. from 23-6-1997 the date of filing the claim petition with further direction that if such payment is not made within three months then the interest shall be payable @ 15% p. a.

(2.) After receiving the notice of this appeal on behalf of respondent No. 1/claimant a cross-objection for enhancement of the above mentioned awarded sum up to Rs. 2,00,000/- is also filed, which is also being considered in this appeal.

(3.) The facts giving rise to this appeal in short are that respondent No. 1/claimant filed a claim petition under section 166 of the Motor Vehicles Act (In short "The Act") contending that on 2-1-1997 he was going from village Ashapur to Barudh by his bullock cart on the way at the bridge of River Agni a truck bearing registration No. CIB 8129 driven by respondent No. 2 in rash and negligent manner came from the opposite side and collided with the bullock cart resultantly, the bullock cart and its pair of oxen fell down in the aforesaid river, such pair of oxen died on the spot, the bullock cart was also damaged. Apart from this the respondent No. 1 sustained the injuries on various parts of his person, he was taken to hospital where on investigation the fractures in his hip bone, left pubic bone, in left leg and ulna bone of the hand and some other injuries on different parts of his person were revealed. MLC report was prepared and in subsequent treatment the surgery was also carried out, he remained in hospital nearabout two weeks. In spite of such treatment he could not come in the position as he was before. Due to such injuries he sustained 20% permanent disability in his person. Immediately after the accident FIR was lodged by the nephew of respondent No. J at P. S. Khalwa. After registration of offence the investigation was earned out and on completion of the same respondent No. 2 driver of the offending vehicle was charge-sheeted before the Court having territorial jurisdiction over the matter. The offending vehicle was registered in the name of appellant while the same was insured with the respondent No. 3. Due to aforesaid injuries the respondent No. 1 could not carry out his regular agricultural work for near about six months. With these averments the claimant/ respondent No. 1 has filed his claim for the sum of Rs. 4,81,000/-.