NATHULAL Vs. KACHRULAL

JUDGEMENT

(1.) M.A. No. 3100 of 2010 had been filed by insurance company on the ground that on consideration of the documents the driver was not possessing valid driving licence, therefore, insurance company may be exonerated while M.A. No. 3481 of 2012 has been filed by claimant seeking enhancement being aggrieved by the award dated 20.8.2010 passed in Claim Case No. 7 of 2010 by Additional Member, Motor Accidents Claims Tribunal, Jaora Distt, Ratlam.

(2.) In the facts of the case, injured while going on his motor cycle bearing No. MP 43-MB 9466 by his own side was hit by another motorbike bearing No. MP 14-MD 4034 driven rashly and negligently on the wrong side, thereby the claimant received commuted fracture in left leg tibia fibula bone and other injuries, but however, on account of having permanent disability compensation of Rs. 4,98,000 has been prayed for.

(3.) The Claims Tribunal found the accident proved by rash and negligent driving of the motor cycle bearing No. MP 14-MD 4034 driven by respondent No. 1, however, disbelieving the certificate of permanent disability awarded a sum of Rs. 70,981. Out of which Rs. 40,981 has been awarded towards medical expenses, Rs. 10,000 for attendant and travelling, Rs. 5,000 for pain and suffering and Rs. 10,000 for special diet and Rs. 5,000 for loss of earnings.