PANDURANG Vs. MOHAN SINGH DHURVE

JUDGEMENT

(1.) THIS appeal is directed against the award of 1st Additional Motor Accidents Claims Tribunal, Chhindwara, in Claim Case No. 36/93, dated January 9, 1996.

(2.) BRIEFLY, the accident took place on 13-3-1993 at 10. 30 p. m. When the claimant was going to his field, Fiat Car bearing No. MZV 04593 owned by Ram Lubhaya Parasram Madan, driven by Mohan Singh Dhurve, rashly and negligently and insured with the New India Insurance Company, hit the claimant, resulting in serious injuries. He was taken to Government Hospital, Badcheechli, thereafter to Nagpur for treatment. There, he remained indoor patient from 13-3-1993 to 31-34993--19 days. He was subjected to operation, rod was inserted to left leg. In this accident, femur bone of left leg is fractured. Leg is shortened by 2. 5 cms. There is a compound fracture in right leg, fracture of tibia and fabula bone. Obviously, injuries are of serious nature. During treatment and operation, he must have underwent great pain and suffering and spent on medicine, hospitalization, transportation and special diet etc. He could not attend the agricultural work, therefore, there is loss of earning. Against the claim of Rs. 5,31,000/-, Rs. 64,740/- are awarded with interest at the rate of 12% per annum. The claimant is not satisfied with this award, therefore, it has been challenged through this appeal.

(3.) PERUSAL of the evidence clearly demonstrates that the accident took place due to rash and negligent driving of offending vehicle by its driver, therefore, finding recorded by the Claims Tribunal is confirmed. The dispute pertains to assessment of compensation.