LALSINGH MARABI Vs. PICKKU @ PRAKASH JHARIA AND OTHERS

JUDGEMENT

(1.) The appellant/claimant has filed this appeal under Section 173 of Motor Vehicles Act, 1988 (in short 'the Act') for enhancement of the sum awarded by the Xth Additional Motor Accident Claims Tribunal Jabalpur, in Claim Case No.82/05, vide award dated 22.4.2006, whereby exonerating the respondent no.3/Insurance Company, his claim for the injury sustained in a vehicular accident has been awarded for the sum of Rs.2,75,000/- with the interest at the rate of 6% per annum from the date of filing the claim petition i.e. on 13.7.2004, against the respondents no.1 & 2 by saddling their liability to pay such sum jointly and severally.

(2.) The facts giving rise to this appeal in short are that, on dated 13.4.2004, in the noon the appellant was traveling in a bus bearing registration No. MP20-E- 9541 from Mandla to Bamhani, on the way near Kishanpuri Ghat, due to rash and negligent driving of such bus by the respondent no.1/driver, the same was turned turtle resultantly along with other passengers, the appellant also sustained some grievous injury on his person. He was taken to the Medical College Jabalpur, where he remained admitted as indoor patient for the period between 13.4.2004 to 19.4.2004. On account of some complications in the injuries of his leg, for further treatment, he was referred to Victoria Hospital Jabalpur, where during the course of the treatment to save his live, the surgery of his leg was carried out by Dr. Ravi Shanker Choudhary, whereby his left leg was amputated from thigh and in this connection, he remained admitted as indorr patient in such Victoria Hospital for the period between 19.4.2004 to 5.6.2004. On receiving the information of this accident, a Crime No.156/04 was registered at Police Station Dindori, and after holding the investigation the respondent no.1 was charge-sheeted for the alleged offence. It is further stated that before happening the alleged accident and amputation of the leg, the applicant being professional driver was the earning member of his family but due to amputation of the leg, he is not in a position to drive the vehicle and in such premises, he has been deprived to earn the money for his livelihood. By stating the various averments regarding alleged injuries and loss sustained by the appellant due to amputation of the leg with the averments of the expenses afford by him in the treatment so also the requirement for future treatment he filed the impugned claim for the sum of Rs.10,10,000/- against the respondents stating the aforesaid bus registered in name of the respondent no.2 was duly insured with the respondent no.3 on the date of the alleged incident.

(3.) In reply of the respondent no.1 by denying the averment of the claim petition it is stated that the vehicle was not driven by him in a rash and negligent manner and prayed to dismiss the claim petition.