LAWS(MPH)-2012-9-292

RAMA YADAV Vs. SHEIKH SAEED

Decided On September 14, 2012
Rama Yadav Appellant
V/S
Sheikh Saeed Respondents

JUDGEMENT

(1.) Having sustained injuries in a motor accident on 16.2.2010 being hit by offending vehicle passenger Bus bearing registration No. MP 48 F/0010, the appellant filed a claim case before Additional Motor Accident Claims Tribunal. Betul vide MVC No. 53/2010. The Tribunal ascertaining 20% permanent disability in lieu of amputation of left leg from knee below awarded total compensation of Rs. 90.000/ -. which included loss of income, for pain and suffering, medical expenses, nutritious diet, transportation expenditure.

(2.) Being dissatisfied by the amount of compensation awarded, the appellant preferred present appeal seeking enhancement in compensation. However, during pendency of this appeal, the sole appellant died on 6.10.2011. Application under Order 22 Rule 9 read with Order 22 Rule 3 of Civil Procedure Code, 1908 has been filed for setting aside the abatement and for bringing legal respesentative on record.

(3.) Reliance is placed on a judgment by Full Bench of this Court in Smt. Bhagwati Bai and others v. Babu (a) Mukund and others, 2007 1 MPHT 25.