STATE OF M.P. Vs. SAGIRATH BALAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 5.10.1981 of Motor Accidents Claims Tribunal, Dhar passed in Claim Case No. 102/80 whereby the respondent-claimant has been awarded a compensation of Rs. 13,662/- for the injuries sustained by him in the motor accident.

(2.) THE brief history of the case is that on 8.6.80 claimant Sagirath was going from Bodhwachha to Tirla. Meanwhile, a motor-jeep No. MPZ-3379 came from the side of Dhar. It was being driven at an excessive speed. It dashed against Sagirath who was thrown away and sustained injuries on his left leg including a compound fracture thereon. The vehicle was being driven by one Kanhaiyalal (appellant No. 2 here). The matter was reported to police. The injured was taken to hospital. He was treated. X-ray examination was done. Since he had a compound fracture, a plaster after nailing was applied. It took sufficiently long time in the treatment and even on the date of examination of this witness before the Tribunal i.e. on 24.9.81, the claimant was having pain at the spot of injury and there was discharge from the place of injury and pus was also coming out The claimant, therefore, filed a petition for grant of compensation to the tune of Rs. 47,000/- in all.

(3.) LEARNED Tribunal has found that the accident has occurred because of the rash and negligent driving of the vehicle by driver (appellant No. 2 here). The fact of repairs of the vehicle and the last inspection of the vehicle by a mechanic was also not found proved.