VINOD KUMAR Vs. WAHID KHAN

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed being aggrieved with the award dated 30.3.82 passed by the Third Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 145 of 80, whereby the learned Tribunal has awarded Rs. 74457- as compensation to the Claimant with interest at the rate of 6 per cent per annum and the costs of the claim. The appellant is aggrieved with the inadequacy of the compensation.

(2.) THE facts, leading to this appeal, in short, are that the present appellant filed a claim petition claiming Rs. 50,000/- as compensation against the non-applicants on the ground that on 26.2.1980 at about 8.30 p.m. when the appellant was going from Kabutarkhana to Chandrabhaga, Indore on foot along with two other colleagues, truck No. MPI-3431 approached them, being driven in excessive appeal and negligently by respondent No. 1 Wahid Khan and it dashed against the petitioner who was going on his side. As a result of the impact of the truck, the appellant received injuries on the leg, knee and right hand. He was immediately sent to M.Y. Hospital Indore where he was treated by Dr. Gaikwad. His leg was plastered and he was allowed to go home. When the plaster was opened on 24.1.80 it was found that the leg bone of the applicant had not joined properly and his leg had become curved due to which there was limping in the leg. Due to the aforesaid injury the applicant has become permanently disabled and he had to undergo lot of mental agony, pain and had to incur heavy expenditure on the treatment, special diet and keeping an attendant. Therefore, under different heads, claim of Rs. 50,000/- as compensation was made against the respondents, the respondent No. 1 being the driver of the vehicle, respondent No. 2 being the owner of the vehicle and the respondent No. 3 being the Insurance Company where the truck was insured and respondent No. 4 was also added later on by amendment as an owner of the vehicle.

(3.) ON the aforesaid pleadings the learned lower Tribunal framed 11 issues to decide the petition and it was held that the accident was caused due to the rash and negligent driving of the relevant truck by the driver respondent No. 1 and as a result of that the claimant received injury on the left leg which caused the fracture of the bone of the left leg. However, as regards the entitlement of compensation the lower Tribunal was of the view that the claimant is entitled to get Rs. 1445/- on expenses of medical treatment, special diet and conveyance etc, including the loss of income. The claimant has suffered permanent disability to the extent of 3 (three) percent but he is not entitled to get compensation on this count as claimed by the claimant. The petitioner was held entitled to get Rs. 2000/- for the loss of future amenity, Rs. 4000/- for physical pain and mental agony. However, it was not found proved that the petitioner is not in a position to walk. As such an amount of Rs. 7445/- was awarded as compensation. Hence this appeal by the claimant seeking enhancement of the compensation amount.