SHAHJAD Vs. VIRENDRA SINGH

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accident Claims Tribunal, Badwani in Claim Case No. 102 of 1993 dated 30th Tune. 1994.

(2.) ACCIDENT took place on 23rd January, 1990 at about 12.00 a.m. when Truck No. MKN 4625 was carrying swings (Jhulas) for a fair/At one stage, tree branches hit the claimant who was occupying place on the top of the cabin of driver. He was taken to the hospital and his eye bandaged. Thereafter he went to different doctors for treatment. The result of accident has been that he has lost eye-sight to a great extent. He claimed compensation of Rs. 1,63,000/- alleging that the accident took place due to rash and negligent driving of the truck by its driver, therefore, driver and the owner of the vehicle were jointly and severally liable to pay the compensation and since the vehicle was insured with Oriental Insurance Company Limited, the compensation is payable by it. Taking place of accident has been denied by the owner and the driver of the vehicle. Similar is the case of Insurance Company. Ultimately, on the pleadings of parties, the Claims Tribunal framed as many as six issues. Except finding on Issue Nos. 4 and 5, all other findings have gone against the claimant, therefore, claim petition has been dismissed.

(3.) HAVING come to the aforesaid conclusion, we examine the question of compensation. Claimant suffered injury to the eye which is an important part of the body. He seems to have lost eye-sight permanently. In any case, there is serious damage to the eye-sight. In the absence of statement by doctor as to the extent of disability but looking to the fact that claimant must have suffered great pain during the treatment and he is not in a position to treat it effectively for lack of funds, it would be in the interest of justice to award him lump-sum compensation of Rs. 80,000/-.