DAULATRAM Vs. RAMESHWAR SHARMA

JUDGEMENT

(1.) Feeling dissatisfied with the Award dated 31st January 2005 in a Claim Case No. 46/2003 passed by the Additional First Member of the Motor Accident Claims Tribunal, Gwalior, the appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, seeking enhancement of the amount of compensation.

(2.) Admitted facts of the case are at that on 30th November 2002, at about 6 p.m., appellant-injured Daulatram alongwith others was travelling in a tractor trolley bearing registration No. MP08/D/9868 for attending their work. It is not in dispute that the said tractor was being driven by Rameshwar Sharma (Respondent No. 1) and owned by Ramdayal Sharma (Respondent No. 2). It is alleged that due to rash and negligent driving, the trolley attached with a tractor turned turtle in between village Dohara and Charai at AB road, consequently, appellant Daulatram got seriously injured and his left leg below knee was badly damaged and thus he became permanently disabled. On F.I.R. of the accident, the crime was registered against driver and charge-sheet was filed before the criminal court. At the time of accident, the offending tractor-trolley was under cover of the "Private Agriculture Use" with the Insurance Company. It was also admitted fact that on the date of incident, the driver of the offending vehicle was having the valid driving licence. The injured was admitted in J.A. Hospital, Gwalior where surgical operation was conducted and on his left leg a plaster was applied for a considerable period. The appellant also received treatment through private practicing physicians. The tribunal after considering the evidence adduced by the claimant as well as Insurance Company and after hearing the parties passed an award in favour of the claimant for Rs. 2,98,000/- (Rs. Two Lac Ninety Eight Thousand Only) in all heads against the owner and driver, however, exonerated the Insurance company for violation of the terms and conditions of the policy and so directed the Insurance Company to recover the interim compensation amount, if paid to the claimant, from the owner of the offending vehicle.

(3.) The submissions put forth on behalf of the appellant are that the learned tribunal without evaluating the evidence on record awarded the compensation. It is submitted that the learned tribunal clearly admitted that the injured/claimant due to fatal injury in right leg and pus formation, suffered 50% permanent disability on account of amputation of his right leg but no consideration was made in this respect while awarding compensation. It is further pointed out by the counsel that the tribunal awarded meagre compensation under the head of medical treatment, future treatment including surgical operations, pain and suffering, special diet, loss of earning in future etc. It is submitted that at the relevant time, the claimant/injured was working as masonry for construction of platform in front of the house of respondent-owner of the vehicle and the vehicle involved in accident was driven in accordance with the issued policy and as per terms of insurance. Thus, the Insurance Company has to indemnify and satisfy the awarded amount on behalf of the owner, the insured of the offending vehicle. Hence by filing the present appeal, it is prayed that by considering all necessary heads the amount of compensation may be enhanced in favour of the claimant/appellant.