C A ABRAHAM Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) THIS appeal arises out of the award of the Motor Accidents Claims Tribunal, Bhopal, in M. C. C. No. 32 of 1984, dated 30. 11. 91, whereby claim for Rs. 3,04,300 was made, but the Tribunal awarded Rs. 62,778. 08 with interest at the rate of 12 per cent per annum. Claimant is not satisfied with this award, therefore, enhancement is claimed through this appeal.

(2.) ACCIDENT took place on 30. 12. 1983. Appellant was going on his scooter bearing registration No. CPD 4477 at about 10 p. m. from Bogda Bridge towards railway station on the left side of the road when jeep bearing registration No. MBB 171 owned by the M. P. E. B. , came from the opposite direction, driven rashly, negligently and carelessly, dashed against the claimant's scooter from the front side, resulting in multiple injuries to the claimant and his brother-in-law. It appears that the claimant suffered injuries to second, third and fourth right ribs, shaft of femur (right), lateral condyl of tibia (right) shaft of fibula (right) mandible (left side), shaft of humerus (left), patella (left leg) and Colies' fracture of right wrist. He remained in hospital for 199 days and was subjected to operations on three occasions apart from resting in bed for treatment of these injuries.

(3.) RESPONDENT Nos. 1 and 2 stated that the jeep was being driven at normal speed, while the scooter was being driven rashly and negligently, as a result of which the jeep was parked on the left side of the road when the scooter struck against it resulting in injuries to the occupants of the scooter. It is further stated that the case was registered against the respondents by the police wrongly and the jeep was insured with Oriental Fire and Genl. Insurance Co. Ltd. , Berasia Road, Bhopal. Insurance company has stated that the accident did not take place due to the fault of the jeep driver, though it is admitted that the jeep was insured with it, but the claim is exaggerated.