SANJAY SHRIVASTAVA Vs. SURENDRA KUMAR SONI

JUDGEMENT

(1.) Through this appeal, award of Motor Accidents Claims Tribunal, Satna in Claim Case No. 117 of 1999 dated 25.4.2001, has been challenged.

(2.) On 2.7.1999, claimant was travelling in the jeep, bearing registration No. MP 19-A 7843 along with his family. He was going to Banda in connection with the marriage of his sister-in-law. The jeep owned by Poornanand Soni driven rashly and negligently by Surendra Kumar Soni and insured with Oriental Insurance Co. Ltd. dashed against culvert and turned turtle. As a result of this accident, the claimant and his family suffered serious injuries and K.L. Shrivastava (father-in-law) died. Claimant suffered fracture of ribs resulting in serious injuries to parts around and under, fracture of pelvic bone, rupture of urethra, injuries to head and right hand, etc. He was hospitalised from 2.7.1999 to 20.8.1999 at Satna, Jabalpur and later on in Bombay also. Permanent disability suffered by the claimant is stated to be more than 70 per cent memory loss, inability to work with the right hand, unable to sit and walk for a long distance. The claimant was a practising advocate at District Satna for last about 10 years. He was being paid Rs. 5,000 by the insurance company as investigator and Rs. 2,000 by the senior advocate and Rs. 2,000 for doing cases privately. With regard to the income, the claimant has supported the statement by certificate of the insurance company also. As a result of these injuries, the claimant has also become unfit for sexual intercourse, therefore, procreation of child is impossible. There is paralysis on the right side. The allegation is that accident took place due to rash and negligent driving by jeep driver, otherwise it would not have taken place. After the accident, claimant has to stay at home, attend the hospital for treatment from time to time, therefore, in constant financial crisis.

(3.) The respondents contest the claim. They state that the claim is exaggerated for amount of Rs. 22,50,000. Moreover, Dr. S.K. Jain has given exaggerated version of the injuries suffered by the claimant. On the pleadings of the parties, the Claims Tribunal framed issues in the case, sought evidence, heard the parties and awarded compensation of Rs. 1,30,000, carrying interest at the rate of 9 per cent per annum.