DILIP Vs. DIRECTOR, NEHRU BAL MANDIR AND OTHERS

JUDGEMENT

(1.) The appellants/claimant/injured has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, the 'Act') for enhancement of the compensation awarded on 27-6-1990 in Claim Case No- 221 of 1987, by the Motor Accidents Claims Tribunal, Indore (for short, the 'Tribunal').

(2.) Aggrieved of the award, the respondents Nos. 1 and 2 filed cross objections under Order 41 Rule 22, Civil Procedure Code.

(3.) The facts.-The appellant/claimant is a skilled worker in painting, whose daily earning has been assessed by the Tribunal at the rate of Rs. 30 per day. On the date of accident, i. e. 11-8-1987, the claimant was coming on his bicycle from Ramipura to Dewas Naka, Indore ; when he reached near the building of Hukumchand Mills, Indore, the motor vehicle (Bus No. MBE 2628), driven by respondent No. 2, owned by respondent No. 1, and insured with respondent No. 3, rashly and negligently, dashed with its front side against the bicycle of the claimant, as a result of which, the claimant fell down on the road and became unconscious ; he was taken to M. Y. Hospital, Indore. Where he was admitted as an indoor patient in the orthopaedic unit of Dr. V.K. Agrawal ; the claimant remained in the Hospital from 11-8-1987 10 30-8-1987. On X-ray of the left leg being taken, it was found that the claimant had sustained a fracture of the left femur bone, besides acute head injury. Dr D.K. Taneja (AW 2), Consultant Orthopaedic Surgeon, M. G, M. Medical College and M. Y. Hospital, Indore, examined the claimant and found that there was loss of muscles in the left leg by 2 cm. x 1 cm. On measurement of functional impairment, the claimant was found to have 12% permanent physical impairment in his left leg lower extremity, the disablement being calculated on the basis of Me. Bride formula. Thereafter, the claimant presented an application under section 110-A of the Motor Vehicles Act, 1939, and claimed compensation of Rs 62,500. The defence of the owner and the driver was that the bus was kept stationary ; the students of respondent No. l institution were boarding the bus ; the claimant and his friend keeping their arms on each others shoulder were coming on two bicycles, when the claimant and his companion came near in front of the bus, the handles of their bicycles got entangled with each other ; as a consequence of that, the claimant fell down and received the injuries ; there was no accident with the bus.