MAKHANSINGH Vs. JITENDRASINGH & 2 ORS

JUDGEMENT

(1.) Appellant-claimant filed this appeal under Section 173 of the Motor Vehicles Act against the award dated 15.11.1999 passed by III Additional MACT, Dewas in Claim Case No. 23/1998 for enhancement of compensation.

(2.) Brief facts of the case are that on 21.1.1998 at about 13.55 hours when the claimant Makhansingh along with some other friends was waiting for a bus to go to Dewas near the Government godown at village Methwada, suddenly one tractor bearing registration No. MP-13-KA 4908, driven rashly and negligently by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3, hit the appellant-claimant and other persons causing injuries to them. A report of the incident was lodged at Police Station, Jawad on the same day. The appellant-claimant got fracture in his legs, right ribs as also injuries on the face and other parts of the body. Initially, he was taken to Government Hospital, Dewas where he was treated for about two months and thereafter he was treated at Verma Union Hospital at Indore. The claimant filed a claim petition which has tried along with other claim petitions arising out of the same incident. The Tribunal after trial has recorded a positive finding about the rash and negligent driving of the tractor, about the accident, about the liability of the driver and owner of the truck as well as the Insurance Company. The Tribunal has awarded a compensation of Rs. 60,000/- to the claimant with interest @ 12 percent per annum from the date of the filing of the claim petition dated 10.2.1998, against which the claimant has filed this appeal for enhancement of compensation.

(3.) I have heard the learned Counsel for the parties and perused the record.