DAYAL SINGH Vs. RAM SINGH & ANOTHER

JUDGEMENT

(1.) This appeal preferred under Section 173 of the Motor Vehicles Act 1988 is directed against an Award dated 22nd July 2004 in Claim Case No.18/2003 passed by the Additional Member of the Motor Accident Claims Tribunal, Vidisha (M.P.), seeking enhancement of the amount of compensation.

(2.) The facts in short are that on 18th May 2002 at about 6 p.m., when the appellant was going as pedestrian to his village Khiriya Kasai then on the public way he was dashed by Ram Singh (Respondent No.1) with motorbike owned by Dayaram (Respondent No.2) Suzuki bearing Registration No, MP40/B-1243, causing grievous injuries. The injured lodged the F.I.R. on the same day at the concerned police station on which crime was registered against the driver of the offending vehicle. After investigation, the charge-sheet was filed against the driver before the criminal court. In such circumstances, the injured/applicant filed a petition under Section 166 of the Act before the claims Tribunal seeking compensation for a sum of Rs 1,50,000/- in all heads against the owner and driver of the vehicle. The learned tribunal after considering the evidence of the parties issued an Award for Rs. 6,000/- alongwith interest @ 9% against the respondents. Being aggrieved, the appellant/claimant submitted this appeal for enhancement of the award amount up to Rs. 90,000/- alongwith interest against the respondents, i.e., owner and driver .

(3.) Learned counsel for the appellant contended that the award assailed in the appeal was against the oral and documentary evidence produced on record, hence, same is liable to be enhanced up to the limit of Rs. 90,000/- with interest. It is submitted that the learned tribunal did not scrutinise the statement of treating Physician and the disability of knee joint suffered by the injured which restricted from moving the leg up to 62%. It is submitted that the disability certificate in that respect is issued in favour of the claimant by the competent authority but the same was ignored. On the basis of the aforesaid submissions, it is prayed that by allowing the appeal, the award amount may be enhanced keeping in view the nature of the injuries and the disability sustained by the injured in an accident.