MANGILAL Vs. DEVKARAN

JUDGEMENT

(1.) Mr.S.B. Shrungarpure, learned counsel for the appellant; none for respondent Nos. 1 and 2 though served; Mr. Lokesh Mehta, the learned counsel for respondent No. 3.

(2.) With consent arguments heard. The claimant has filed this appeal for enhancement of the compensation awarded to him by the 2nd M.A.C.T., Dhar in Claim Case No. 26 of 1999 decided on 30.1.2002.

(3.) On 15.11.1998, the appellant along with his wife was returning home in bus No. MP 13-C 3965. The said bus belonged to respondent No. 2 and was being driven by the respondent No. 1. On account of the rash and negligent driving, respondent No. 1 lost control over the vehicle, as a result of which the bus fell into the river near Kalapipal. 5-6 other passengers travelling in the said bus died. The appellant sustained serious personal injuries. On account of the injuries the appellant was immediately rushed to the Government Hospital, Ujjain where for want of adequate medical facilities, appellant was referred to a Charitable Hospital at Ujjain. The appellant regained consciousness after 7 days. According to the appellant, on account of the injuries, particularly the head injury, the appellant has lost his memory as also sustained loss of vision.