RAJKUMAR Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This appeal, under S.110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is directed against an award dt. 15-12-1981, passed by Shri V. D. Bajpai, Motor Accident Claims Tribunal Seoni, in Motor Claims Case No. 18 of 1981, whereby the appellant-claimant prays for enhancement of compensation against the respondents.

(2.) The appellant filed an application i under S.110-A of the Act for compensation of Rs. 1,04,847/- under different heads, out of which the Tribunal accepted the claim for Rs. 6,200/- only together with interest @ 6% from the date of application till realisation, against the respondents.

(3.) The facts giving rise to the claim are that on 23-5-1980, at about 1.30 p.m., the appellant's truck MPC 474, loaded with wooden logs, was coming on the National Highway from Khawasa towards Seoni and at the relevant time, the truck was ascending Kurai Valley. Another truck MPG 2192, owned by respondent 1 and driven by respondent 2, while going down in the said valley, violently dashed and pushed behind the truck of the appellant. After some distance, both the trucks got entangled in such a manner that they could not move further. As a result of the impact, the appellant's truck was badly damaged and logs were scattered nearby. The appellant claimed compensation against the respondents as detailed below : <FRM>JUDGEMENT_4_AIR(MP)_1985Html1.htm</FRM>