VIJAY KUMAR GUPTA Vs. B G KHOSALE

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Shahdol in Claim. Case No. 37 of 1991 dated 1.3.1997.

(2.) Accident took place on 4.3.1991 when B.G. Khosale driving jeep No. CPZ 4928 rashly and negligently hit the scooter of which claimant was pillion rider. As a result of this accident, claimant suffered crush injury in the right leg with compound fracture. He undertook treatment for one and half years with the doctors at Shahdol, Bilaspur and Jabalpur. Claimant was running a restaurant at Shahdol and earning Rs. 100 per day. Compensation of Rs. 14,50,000 is claimed. The respondents B.G. Khosale and one Kunwar Bahadur Singh have been proceeded ex pane while State of Madhya Pradesh states that the jeep was being driven by Kunwar Bahadur Singh carefully. On account of the negligence of claimant the scooter entangled with the left bumper and tyres of the jeep, being driven rashly and negligently. The jeep was stopped immediately and claimant shifted to the hospital. After treatment there is no permanent disability in the right leg and claimant is running the restaurant properly. At the time of accident, claimant was being taught scooter driving by his brother, therefore, the accident took place. Jeep blew horn and was being driven at a slow speed. Claim is exaggerated, therefore, liable to be dismissed.

(3.) On the pleadings of parties Claims Tribunal framed 7 issues in the case, took evidence, heard parties and awarded compensation of Rs. 73,000 with interest at the rate of 12 per cent per annum holding that the accident took place as alleged. The scooter was not being driven rashly and negligently nor did it hit this jeep. Claimant is not responsible for the accident in which he suffered serious injuries resulting in permanent disability to the extent of 10 per cent. Against annual loss of Rs. 36,000 it is held that the claimant is entitled to compensation of Rs. 15,000 for 15 months (Rs. 1,000 per month). The claimant is not satisfied with this award, therefore, it has been challenged through this appeal.