ARUN KUMAR Vs. GURUJINDER SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Umaria (Shahdol) dated 21-4-1997 in Claim Case No. 6/87.

(2.) THE accident took place on 21-11-1986. Gurujinder Singh (claimant) was going on motorcycle with Akhileshwar Singh (Pillion Rider) on Umaria-Shahpura Road. When he reached 5-6 Kms. ahead Shahpura Jeep No. C. I. K. 6189 owned by Arun Kumar coming from opposite side hit the motorcycle. As a result of this accident, claimant suffered compound fracture of tibia and fibula. On treatment, the claimant spent Rs. 7,07,070/ -. Compensation of Rs. 11,07,070/- has been claimed. Appellant denied all the allegations against him. His defence is that he was going along with his friends on the date of accident and found the claimant in injured state on the road side. The claimant was shifted to hospital on his request. Therefore, neither there is proof nor justification to say that the appellant was involved in the accident. However, the Claims Tribunal has rejected the case set-up by the appellant and awarded compensation of Rs. 30,000/- for the injury and Rs. 92,440/- for medical expenditure. This appeal is at the instance of Arun Kumar against whom the award has been passed.

(3.) SHRI Akhilesh Singh, learned counsel for the appellant submits that award of the Claims Tribunal is unsustainable, therefore, deserves to be set aside. Learned counsel took us through the evidence recorded in this case and submitted that the evidence is so faulty that liability for the accident and payment of compensation cannot be established. These submissions are denied by Shri Harpreet Ruprah, learned counsel for Gurujinder Singh and pointed out that the appellant committed the accident causing serious injuries to Gurujinder Singh. The claimant had to suffer great pain, during eleven operations he had to undergo in various hospitals. Lacs of rupees were spent on the treatment. Still, the Claims Tribunal has awarded only Rs. 30,000/-towards injuries suffered by the claimant and Rs. 92,440/- for medical expenditure.