NATIONAL INSURANCE CO LTD Vs. BHAGIRATH

JUDGEMENT

(1.) This appeal filed by the National Insurance Co. Ltd. under Section 110-D of the Motor Vehicles Act is directed against the award dated 24-11-77 passed by the Second Addl. Member, Motor Accident Claims Tribunal, Indore, in claim case No. 29 of 76 whereby he has awarded a total compensation of Rs. 7650/- in favour of claimant-respondent No. 1 Bhagirath and against the .appellant as also respondents Nos. 2 and 3, the owner and driver of the truck number MPE 344, though the claimant had put up a claim for Rs. 22,300/- for compensation.

(2.) Facts giving rise to this appeal may be stated; in brief, thus: on 17-10-1975, at about 8 a.m. the claimant respondent No. 1 Bhagirath was going on foot from his village Dakacha to Manglia by the left side of the road when truck Number MPE-344 driven by the driver respondent No. 3 Jamnalal came from behind without blowing any horn at a high and excessive speed in a rash and negligent manner and dashed against the claimant on account of which he was severely injured for which he was treated in the M.Y. Hospital where he had to remain till 1-11-75. Admittedly the said truck was owned by respondent No. 2 Suchendranath and was insured with the appellant Insurance Company.

(3.) The claimant claimed compensation mainly on the ground that as a result of the said accident there was fracture in his right leg and right hand, that his right eye was also injured on account of which his eyesight has been affected; that there was fracture of his ribs also, that at the time of the accident he was 50 years old his principal source of income was agriculture (sic) which on an average was Rs. 8000/- per year.