UMA SHANKAR Vs. ADMINISTRATOR, MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS is a claimant's appeal under Section 110 -D of the Motor Vehicles Act, 1939, for enhancement of the amount of compensation awarded by the Motor Accidents Claims Tribunal, Indore, by award dated 3.10.1977.

(2.) IT was not disputed that on 24.8.1976 at about 8 or 8 -30 a.m. claimant Umashankar was hit by tanker No. MPF -7362, belonging to the Municipal Corporation, Indore and insured with the Oriental Fire and General Insurance Company Ltd., Indore. As a result of the accident, claimant suffered fracture of his right leg and was hospitalised for a considerable period. Three operations were performed by the Orthopaedic Surgeon and it was alleged that besides suffering physical pain and agony, the claimant suffered permanent disability by shortening of his right leg. According to the claimant the accident occurred because of the rash and negligent driving of the driver of the said tanker. Claimant had put a claim for Rs. 75,000/ - as compensation. Respondents denied any negligence on the part of the driver. They also denied their liability and quantum of damages claimed by the claimant.

(3.) CLAIMANT in this appeal has challenged the quantum of compensation awarded by the Tribunal and has also claimed interest from the date of the claim petition instead from the date of the award.