BHAVESH Vs. NIRMAL KUMAR

JUDGEMENT

(1.) APPELLANT is a juvenile of 16 years of age who had filed this Accident claim through his father as his next friend on 30.12.2001. The appellant as a pillion rider was travelling on motor cycle No. MP/30/JE/1308 driven by Atul Raina (A.W. 2). Car No MP/09/HS/2756 driven by Nirmal Kumar (R-1) and owned by Amar Dandwani (R-2) dashed the motor cycle injuring both Atul Raina (A.W. 2) and the appellant. Driver and owner of the car did not contest the Accident claim. Tribunal held car driver guilty of negligence. It held liability of car owner and Insurance Company also proved, On all these points there has been no controversy between the parties.

(2.) IN this appeal by the claimant the only dispute has been regarding quantum of compensation awarded. The Tribunal below has allowed Rs. 32,360/- as price of medicines, etc., Rs. 5,000/- for mental and physical pain and suffering and Rs. 25,000/- for permanent disability due to restriction in knee and ankle joint, in all Rs. 62,360/- with interest @ 6% per annum since the date of claim i.e., 15.5.2002 with Advocate's fee Rs. 3,000/-.

(3.) APPELLANT was admitted in District Hospital, Ujjain on 30.12.2001 vide-Exs. P. 3 and P. 4. He remained admitted between 31.12.2001 to 12.1.2002 in S.S. Hospital and Research Centre, Ujjain as per discharge certificate Ex. P. 8. He was operated upon and an iron rod was inserted for correction of the fractures. He has submited bills and vouchers for purchase of medicines and bills of the doctor, and the nursing home etc. from Exs. P. 10 to P. 14, P. 17 to P. 23 and P. 27 to P. 68, it in all totalling to Rs. 57,080.75. The learned Tribunal below has disallowed claim for an amount of Rs. 11,900/- vide Ex. P. 19, Rs. 850/- vide Ex. P. 33, Rs. 4,752/-vide Ex. P. 41, Rs. 722.80 vide Ex. P. 47 and Rs. 497.50 vide Ex. P. 50. I, proceed to examine validity of the reasons given by the Tribunal below for rejection of these claims.