ALAMGIR Vs. SHRIKISHAN SITARAM KHANDELWAL

JUDGEMENT

(1.) THIS appeal has been filed under Section 110-D of the Motor Vehicles Act, being partly aggrieved by the award given by the Second Member Motor Accident Claims Tribunal, Indore in Claim Case No. 63/79.

(2.) BRIEFLY stated the facts of the case are that the appellant and his brother Alauddin sustained injuries due to the accident on 5.12.1978 caused by the truck bearing Registration No. MHS 8508. The respondent No. 1 is the owner of this truck. The respondent No. 2 is the driver who drove the aforesaid vehicle at the relevant time. The respondent No. 3 is the Insurance Company where this truck was insured. The accident occurred at 9.00 p.m. On 5.12.1978 when the appellant and his brother were proceeding towards Snehlatganj, Indore. The driver particularised above, drove the aforesaid truck rashly and negligently and dashed it against the appellant and his brother as a result of which they sustained the injuries and fracture. The appellant was treated in the M.Y.H Indore. He suffered pain, sufferings, loss of amenities in life and comfort and these sufferings will continue even in future. There was disfiguration of the face. On these facts the appellant claimed the compensation of Rs. 40,000/-. The respondents denied the liability as also the quantum indicated by the appellant in his claim petition. The issues were framed. The learned Member of the Tribunal accepted all contentions of the appellant except the one relating to the quantum of damages. On evaluation of evidence, the Tribunal granted the award of Rs. 5,087.70 Ps. with proportionate costs and interest at the rate of Rs. 6/- per cent per month from the date of application till realisation.

(3.) I have heard the parties and perused the record.