PARWAT SINGH Vs. HANUMANT SINGH AND ANOTHER

JUDGEMENT

(1.) Challenging the validity and legality of the award dated 1.8.2005 passed by MACT, Guna in Claim case No.63 of 2004, the appellant has filed this appeal under Section 173 of the Motor Vehicles Act. By the impugned award, the Claims Tribunal has awarded a total sum of Rs.70,000/- with interest at the rate of 6% per annum to the claimant/respondent no.1 for the injuries caused to him in the accident that occurred. By this judgment, the cross-objection filed by the respondent no.1/claimant under Order 41 Rule 22 of the Code of Civil Procedure for enhancement of the compensation is also being disposed of. In this appeal, the appellant owner of the offending vehicle is referred to as 'non-applicant no.2', respondent no.1 as 'applicant/claimant' and respondent no.2 driver of the said vehicle as 'non-applicant no.1'.

(2.) The admitted facts of the case are that that on the date of incident 5.8.2002 the tractor bearing No.M.P.08/5784 was owned by the non-applicant no.2 and the non-applicant no.1 Bhura who was not having driving license, was driving it.

(3.) The facts in brief of the case are that on 5.8.2002 at about 10 AM the injured claimant Hanumant Singh who was going to Guna along with his nephew Preetam Singh on Motor cycle bearing No.M.P.08/2010 met with an accident with Swaraj Tractor bearing No.M.P.08/5784 owned by respondent no.2. The said accident had occurred owing to rash and negligent driving by non-applicant no.1 Bhura. The claimant suffered fractures of right tibia fibula and other bones including injuries in his right leg, limb, ribs, hand and shoulder. He remained hospitalized at Guna and later on was referred to Indore for further treatment at Gokuldas Hospital, where, he incurred huge expenditure but his leg got shortened and he suffered permanent disability. The claimant being 50 years old was doing agricultural work but due to this accident, he suffered monetary loss of Rs.4 lacs per years and due to other injuries, he suffered permanent loss of his future prospects. Hence, he filed a claim petition before the claims Tribunal for compensation of Rs.11,42,919/- on 22.6.2004.