BHARAT SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award passed by the Second Additional Motor Accidents Claims Tribunal, Indore in Claims Case No. 59 of 78 on 1980.

(2.) THE facts leading to this appeal, in short, are that the present appellant filed a claim before the lower Tribunal alleging that on 6.11.1977 at about 5.15 p.m. he was going on a cycle with the milk pot from village Kishanpura to Umaria. He was driving the bicycle very cautiously on the left side of the road when he reached near the Rasalpura Gate respondent No. 2 came from the Indore side driving truck No. MPN-5895 rashly and negligently with speed, and while so driving the dashed the front portion of the truck against the cycle on which the appellant was riding. Due to the dash the petitioner fell down and received injuries on both the legs, right hand and other parts of the body. He has admitted in the M.Y. Hospital Indore from 7.11.77 to 9.11.77. and his right leg was plastered for a period of three months. The appellant was aged 23 years. He was working in a factory at Rsalpura. earning Rs. 225/- per month as wages and Rs. 125/- per months he used to get as a milk vendor. He was also studying for Higher Secondary examination privately. He claimed a compensation of Rs. 50,000/- from the respondents for the rash and negligent act of respondent No. 2 for which respondents No. 1 being the owner of the vehicle and respondent No. 3 being the insurer of the vehicle were vicariously liable.

(3.) THE learned Counsel for the appellant Shri Neema argues that the amount of award is erroneous in as much as the learned Tribunal has ignored to take the seriousness of the injuries suffered by the appellant, into consideration. According to him the wages of the claimant has also wrongly been calculated by the learned Tribunal ignoring the evidence on record. The amount on the count of mental agony, pain and suffering is also on a lower side.