SALAUDDIN Vs. RAJU

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 111/85 (Raju v. Salauddinand Anr.), C.R. No. 194/85 (Abdul Gqffar v. Raju and two others) and C.R. No. 195/85 (Bafati v. Raju and two others).

(2.) THIS is an appeal by the claimant -injured against the award dated 5.1.1985 passed by the Motor Accident Claims Tribunal, West Nimar, Nandleshwar in Claim Case No. 31/81, whereby the learned Tribunal has awarded a sum of Rs. 3, 500/ - as compensation to the claimant with interest@ 6% per annum from the date of the claim petition (25.4.1981) till realization.

(3.) DR . Hukumchand Soni, Medical Officer of Primary Health Centre, Jhirnya (applicant's witness) medically examined the appellant -claimant and other injured persons on 16.12.1980. He found a fracture on the leg of the appellant -claimant. On examination of Abdul Gaffar he found a penetrating wound on his lower limb and two injuries on hischin. As regards the injured Bafati, Dr. Soni found a contusion 2" x 2" on dorsal aspect of foot of right leg showing tenderness and movements restricted. On further investigation by X -Ray at Barwani, Dr. Krishna Kumar Agarwal (applicant's witness) found that tibia fibula bone of right leg of the appellant -claimant Salauddin was fractured. As regards the injured Bafati, the meta -torsal phalengial joint No. 3 and 4 were displaced from its position towards right.