MUKESH Vs. PRITI

JUDGEMENT

(1.) This appeal is directed on behalf of the appellant claimant under section 173 of Motor Vehicles Act, 1988 in short "The Act" for enhancement of sum awarded by the Motor Accidents Claims Tribunal Chachauda, District Guna in Claim Case No. 74/2007, vide award dated 21-4-2008, whereby his claim regarding injuries sustained by him in the alleged vehicular accident has been awarded for the sum of Rs. 83,522/- along with interest at the rate of 6% per annum from the date of filing the claim petition.

(2.) The fact necessary to adjudicate this appeal are that on 22-6-2006, the appellant while sitting in Minidoor, vehicle bearing Registration No. M.P. 08-T-0745 was coming to Binaganj. On way at about 10:30 pm in the night such Minidoor was dashed by Jeep bearing Registration No. M.P. 08-D-8730 driven by respondent No. 3-Kallu in a rash and negligent manner. Resultantly the appellant sustained the injuries and was taken to Civil Hospital Chachura from whereafter providing the preliminary treatment and preparing MLC report, looking to the nature of injuries, was referred to Indore for further treatment, where during the course of treatment on taking out the ex-ray, it was revealed that he sustained compound fractures of radius and ulna bone of the right hand and of the bone of right scapula and also hair line fracture on the upper part of right humerus bone. Besides these injuries, he also sustained some other injuries on different parts of his person. As per further averments, the appellant was remained under treatment for months together and during that period on three occasions he remained in the life line hospital at Indore as Indoor Patient. On receiving information of such accident, initially the FIR of such accident was registered at police station Chachaura, District Guna against some unknown jeep and its driver. After registration of the offence in the course of the investigation, it was revealed that the jeep of above mentioned number driven by respondent No. 3 in a rash and negligent manner had met such accident. In such premises after holding the investigation the respondent No. 3 was charge-sheeted for the alleged offence. After obtaining the certified copy of the requisite papers from the criminal case, the appellant has preferred his claim petition. As per further averments at the time of the accident, appellant being aged nineteen years was prosecuting the study but due to the aforesaid injuries in the accident his educational career has been destroyed, and in spite of taking the long treatment and spending the huge amount on it, he has not been cured as before and sustained 65% permanent disability in his right hand. It is also stated that the aforesaid offending vehicle was registered in the name of respondent No. 1, while the same was insured with respondent No. 4. With these averments, the aforesaid claim was preferred for the compensation of Rs. 15 Lac along with the interest on it.

(3.) In the reply of respondents Nos. 1 and 3 by denying the averments of the claim petition, it is stated that they have unnecessarily impleaded in the claim as party in the matter and in such premises the prayer for dismissal of this claim petition is made.