SURESH KUMAR DAVANI Vs. SHASHIKANT AGRAWAL

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Jabalpur in M.V.C. No. 94 of 2000 dated 30.1.2001.

(2.) Compensation of Rs. 33,41,350 has been claimed for suffering personal injuries in the accident which took place on 12.8.1998 when vehicle No. MP-J 1812, owned by Shashikant Agrawal, driven by Shivbalak Patel and insured with Oriental Insurance Co. Ltd., hit the claimant who was going on bicycle, on the crossing of Ghamapur, in the evening at 8 p.m. It is stated that the accident was result of rash and negligent driving of the truck by its driver as a result claimant suffered grievous injuries to head and chest and fracture to feet and hand. The matter was reported to police, claimant was shifted to Victoria Hospital, Jabalpur, and thereafter, Jabalpur Hospital. He used to do the painting work before the accident and after the accident he is unable to do it. He spent considerable amount on treatment. Respondents state that the accident took place due to failure of brakes. Vehicle was insured, therefore, the insurance company is liable to pay the compensation. The insurance company admits that vehicle was insured with it but disputes the facts stated in the claim case.

(3.) The Claims Tribunal after recording of the evidence and hearing the parties, holds that accident took place, as alleged. The claimant suffered partial disablement. The claimant was earning Rs. 1,500 per month, therefore, awarded compensation of Rs. 1,20,000 (rupees one lakh twenty thousand) with interest at the rate of 10 per cent per annum from the date of application. Through this appeal, the claimant has challenged the award.