ALLAUDIN Vs. KRISHAN

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act has been filed against the award passed by the Second Member, Motor Accident Claims Tribunal, Indore in Claim Case No. 74/79 on 1.4.1983.

(2.) BRIEFLY stated the facts of the case were that the appellant and his brother Alamgir were proceeding from Malgodown Road towards Snehlataganj, Indore at 9.00 p.m. on 5.12.1978 when the respondent No. 2 who was driving the truck, bearing registration No. MHS-8508 at that time dashed it against these two persons and caused injuries on their persons Alamgir has also preferred a claim on account of injuries sustained by him. His Appeal No. M.A. 213/83 was also heard and decided today. It was asserted that the respondent No. 2, the driver of the vehicle in question drove the vehicle rashly and negligently. The respondent No. 1 is the owner of the vehicle and respondent No. 3 is the Insurance Company where this vehicle was insured. The appellant sustained injuries. On these facts and appellant filed the claim-petition praying for grant of the award of Rs. 40,000/- as compensation. The respondents denied their liability. The learned Member of the Tribunal, after evaluation of the evidence produced by the parties, accepted the claim petition only in part and granted the award of Rs. 1,500/- only with proportionate costs together with interest @ 6% p.a. from the date of application i.e., 4.4.1979 till realisation. Partly aggrieved by this award, the appellant has preferred this appeal.

(3.) THE findings are recorded by the Tribunal are not disputed. The only point for determination in this appeal is whether the quantum of damages as fixed by the Tribunal needs to be enhanced. The grievance in this appeal is two-folds--