MUBARIK HUSSAIN Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal, preferred under Section 110-D of the Motor Vehicles Act, is directed against the award dated 6.9.1983 passed by the learned Member, Motor Accident Claims Tribunal, Dewas in Claim Case No. 29/80.

(2.) BRIEFLY stated, the facts of the case are that the respondent No. 1 is the owner of the car bearing registration No. MPG 1443 and respondent No. 2 was its driver at the relevant time. This car was insured with the respondent No. 3 the National Insurance Co. Ltd. The respondent No. 2 drove this car rashly and negligently and knocked down Mubariya (AW-3) on 10.6.1980 on Bombay-Agra Road. The non-applicant No. 2 did not enter the witness-box. Hence, there was no difficulty in accepting the contention of rashness and negligence. The claimant suffered fracture of right clavicle and fracture of metatorsal of the right leg. No evidence was adduced to prove the permanent disability. The appellant filed the claim petition. The claim was opposed by the respondents. The Tribunal, however, awarded compensation of Rs. 5,000/- with interest @ 6% p.a. from the date of application (2.9.1980) till realisation of this amount. The appellant has filed this appeal for enhancement in the award of compensation.

(3.) SHRI Neema submitted that the amount awarded is too low and deserves to be suitably enhanced. He also submitted that the rate of interest also deserves to be increased. Shri Khan, on the other hand, submitted that the amount of award is quite just and proper, and there is no prayer for increasing the rate of interest in the memorandum of appeal.