RADHIKA PRASAD NAMDEO Vs. DRIVER NARESH @ BHOORA

JUDGEMENT

(1.) THE appellant/claimant has filed this appeal under Section 173 of Motor Vehicles Act, 1988 (In short 'theAct ') for further enhancement of the sum awarded by the Illrd Additional Motor Accident Claims Tribunal (FTC) Katni, in Claim Case No. 11/09, vide dated 22.7.2011 whereby, his claim relating to the injuries sustained by him in the alleged vehicular accident has been awarded for the sum of Rs.7,000/ - along with interest at the rate of 7.5% per annum from the date of filing the claim petition so also for the cost of the litigation against the respondents no.1 & 3 by saddling their joint and several liability to pay the same.

(2.) SO far happening the alleged incident and sustaining the alleged injuries by the appellant in the vehicular accident is not under dispute between the parties. So, in such premises, mentioning the entire facts with respect of the alleged incident are not necessary in the present order. Consequently, this appeal is being decided by mentioning the facts necessary for adjudication of the same.

(3.) AS per case of the appellant on dated 15.10.2007, along with other passengers he was traveling in a bus bearing registration No. MP -21 -8766, registered in the name of the respondent no.2 driven by the respondent no.1 in a rash and negligent manner resultantly it met an accident in the territorial jurisdiction of Police Station Sleemanabad, resultantly, the appellant sustained various simple injuries on his person. He was taken to Hospital where after carrying out the medical examination, his MLC report was prepared, and was advised for X -ray. On carrying out the same -ray, the fracture of 9th ribs of the right side was revealed. As per MLC report, he also sustained some other simple injuries. On receiving the information by the Police, a crime was registered against the respondent no.1. After holding the investigation, he was charge -sheeted in which all the relevant documents were filed. After obtaining the certified copy of the same along with such documents the appellant filed the impugned claim for the sum of Rs.4,50,000/ -. According to claim petition on the date of incident the aforesaid offending vehicle was duly insured with the respondent no. 3.