HUKA Vs. BALEKHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment and award dated 14.2.1984 of the M.A.C.T., Jhabua passed in Claim Case No. 62/83 whereby the appellant No. 2 has been awarded a compensation of Rs. 7000/- for having sustained fracture in a motor-accident on 17.8.83. This appeal has been filed for enhancement of the same.

(2.) THE brief history of the case is that the claimant Deepa filed a petition before the learned Tribunal through his father-next friend with the assertions that on the date of accident i.e. 17.8.1983 he was sitting on the pillion of the cycle and was going alongwith one Pema towards Thandla. Meanwhile, motor-jeep No. MPZ 4335 driven by respondent No. 1 possessed by respondent No. 2 and owned by respondent No. 3 came from the opposite side. It was in excessive speed. It gave a jerk to the cyclist. The claimant fell down. He sustained injuries including the fracture of the leg. The matter was reported to the police. The claimant was treated in the hospital and remained under plaster for about 3 months. He had to suffer pain and agony. It was also asserted that a permanent partial disability has been caused which is likely to continue for whole of the life. As such, he claimed a conversation of Rs. 2,90,000/-.

(3.) LEARNED Tribunal has awarded Rs. 7000/- with interest @ 9% as compensation. Hence this appeal for enhancement. This appeal has been limited to a compensation of Rs. 40000/- only.