RAJENDRA BHARTI Vs. SANTOSH KUMAR SHARMA

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') against the award dated 12.3.2007 passed by Sixth Additional Motor Accident Claims Tribunal Gwalior, in Claim Case No. 105/2005, in which compensation of Rs.1,16,500/- with 6% interest by apportioning the amount between two vehicles has been passed, is filed on the ground that less compensation has been awarded and on the ground of apportionment.

(2.) Undisputedly, the appellant filed the claim petition under section 163-A of the Act before the Tribunal claiming income of Rs.40000/- per year and claimed compensation of Rs.13,78,000/-. It is undisputed fact that respondent No.4 is the owner of the motorcycle No. MP06-H-9232. Respondent No.3 was driving the motorcycle on which appellant was sitting as pillion rider and it was insured with respondent No.5. Respondent No.1 is the driver of tractor No. MP06-JA-8231 and respondent No.2 is the owner of the tractor. This is undisputed fact that the tractor was not insured.

(3.) In nutshell, the facts of claim petition before the Tribunal were that the appellant was a healthy person of 35 years of age and he was skilled meson and was earning Rs.40000/- per year. On 22.4.2005 he was coming back to Gwalior from village Khaneta, district Morena on the motorcycle owned by co-brother Rajagiri and driven by his son Rakesh Giri (respondent No.3). At Khaneta road near the field of Shahjad, respondent No.1 Santosh Kumar Sharma, who was driving the tractor with trolley, in rash and negligent manner came from wrong side and it dashed the motorcycle from the front side which caused fall of appellant and thereby his right leg was badly injured. Respondent No.3 was also seriously injured. Santosh Kumar Sharma after dashing the motorcycle ran away from the spot. The persons, who gathered on the spot brought the appellant and respondent No.3 to District Hospital, Morena where appellant was admitted from 22.4.2005 to 28.4.2005 and was treated but as there was no improvement, he was referred to JA Hospital, Gwalior where he was admitted from 28.4.2005 to 9.6.2005. On 20.5.2005 he was operated and bones were also shifted in the leg and blood was also given. Again he was admitted in hospital from 3.10.2005 to 23.11.2005 and he was again operated and his leg became too short. He incurred Rs.1,50,000/- on his treatment and incurred Rs.25,000/- towards special diet and Rs.25000/- incurred for coming and going to doctors.