KAILASH CHANDRA BANSAL Vs. BHARTIYA BUS CO.

JUDGEMENT

(1.) THE applicant injured has filed this appeal for enhancement of compensation against the judgment and Award dated 3.1.85 of the Motor Accidents Claims Tribunal, Ratlam passed in Claim Case No. 8/75 whereby he was awarded Rs. 37,840.00 paise with interest @ 4% as compensation for injuries, loss of income, cost of medicines and general damages for the alleged infirmity.

(2.) THE brief history of the case is that injured appellant was working as an Assistant Engineer and was coming to Ratlam in the Jeep R.J.B. 849 owned by respondent No. 5. The Jeep was under the control of respondent No. 4 one Surya Kiran was the driver at the relevant time. There was a collision between Motor-bus No. MPM 4471 and the jeep referred above on 20.6.75 between Delanpur and Dhannod. The Motor-bus being taken away from Ratlam to Alot while the motor-jeep was coming from Rajasthan to Ratlam. There was collision between the two motor vehicles. Some persons who were sitting as passengers in the back-portion of the jeep sustained injuries and died. The driver of the jeep Suryakiran also died, on the spot. The claimant sustained injuries and fracture on right hand, right leg, left eyebrow and mandible. The motor bus was owned by respondent No. 1 and was being driven by respondent No. 2 at the time of the accident and was insured with respondent No. 3. There is no dispute on these points.

(3.) THE injured appellant-claimed Rs. 1,90,000/- on various heads including expenses for the treatment, compensation for pain and suffering the damages for loss of wages and for special diet during the treatment and for a future loss of physical infirmity. The learned Tribunal has awarded the amounts as shown below against each of the heads:- <FRM>JUDGEMENT_213_TLMPH0_1993.htm</FRM> Learned Tribunal has further awarded interest @ 4% per annum from the date of Award till realisation of the same.