GHISALAL Vs. NIHALSINGH

JUDGEMENT

(1.) This is an appeal filed by the claimant against the award dated 12-7-1982 made by the Third Additional Motor Accident Claims Tribunals, Indore in Claim Case No. 214/79, whereby the learned Tribunal has awarded compensation of Rs. 27,300/- to the claimant in respect of his injuries with interest @ 6% per annum from the date of filing of the claim petition till realisation.

(2.) The facts giving rise to this appeal, briefly stated, are as follows :- On 22-9-79 while the claimant Ghisalal was going on his cycle from Depalpur to his village Khajariya, he was hit and run over by the truck bearing Registration No. MPE 1405 belonging to respondent No. 3 Kailashchandra. The truck had passed over the right leg of the claimant causing grievous injuries and the claimant's leg had to be emputated below the knee.

(3.) The claimant filed the instant claim petition on 27-11-1979 joining as non-applicants the driver of the offending truck Nihal Singh and the Insurance Company with which the said truck stood insured during the material period covering the date of the accident. Later, by amendment made on 28-41981, respondent No. 3 Kailashchandra was joined as the third non-applicant, being the owner of the truck in question on the date of the accident.