KESARIMAL Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) Mrs. Niti Kakani, learned counsel for the appellant. Mr. S.V. Dandwate, learned counsel for respondent No. 1. None for respondent Nos. 2 and 3, though served. With consent arguments heard on merits.

(2.) For the personal injury sustained by the appellant on a road accident which took place on 25.10.2000, the Tribunal has awarded only a paltry sum of Rs. 92,000 in Claim Case No. 8 of 2001 decided on 30.9.2002.

(3.) The appellant, who was doing the business of sale of readymade garments, claims that he was earning Rs. 4,000 per month. On account of the rash and negligent driving of the truck bearing registration No. IQU 5106 by respondent No. 3 the appellant sustained grievous injuries on the various parts of the body. The appellant was hospitalised and remained in the M.Y. Hospital nearly for a month. The right leg above knee joint has been amputated and all fingers, including thumb of the right hand have also been amputated. The doctor PW 3 was examined to prove the nature and extent of injuries sustained by the appellant.