MAHENDRA KUMAR Vs. RAMSWAROOP

JUDGEMENT

(1.) The instant appeal is preferred on behalf of the appellant/claimant for enhancement of the sum, being aggrieved by the award passed by the Motor Accident Claims Tribunal, Morena in Claim Case No. 58/07 vide order dated 22-12-2007, whereby the claim of the appellant regarding the injuries sustained by him in the alleged motor accident has been awarded for the sum of only Rs.5000/- along with interest at the rate of 7% per annum from the date of filing the claim petition i.e., 18-10-2006.

(2.) The material facts which are necessary to adjudicate this appeal in short are, that the appellant/claimant herein filed a claim petition in the Tribunal contending that on 24-8-1999 at about 11.30 by driving his scooter the appellant was passing in front of the Collector Bungalow at Morena, at the same time a Tractor bearing registration No. MP06-J/3477, driven by respondent No. 2 in a rash and negligent manner, came there and dashed the scooter, due to which the appellant fell down and sustained the injuries on his mandible, right leg and also on other parts of his person. After lodging the report of the accident to the police station Kotwali, Morena and registration of crime against respondent No. 2 for the offence under sections 279, 337 and 338 of Indian Penal Code, he was sent to hospital where on medical examination his M.L.C, Report was prepared and he was further advised to carry out the x-ray of the leg. On carrying out the same, fracture of tibia fibula in upper l/3rd of the right leg was revealed. After holding the investigation, the respondent No. 2 was charge-sheeted. Thereafter, after obtaining certified copy of the requisite papers, the appellant has filed this claim petition.

(3.) As per further averments of the claim petition, due to the aforesaid fracture and other injuries the appellant sustained permanent disability in his right leg. He has also suffered huge amount of expenses on the treatment of such injuries. The aforesaid offending tractor was registered in the name of respondent No. 1, while the same was insured with respondent No. 3. With these averments, the claim was filed for the sum of Rs.33,25,000/-.