RAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT/claimant has filed the appeal under Section 173 of the Motor vehicles Act for the enhancement of the award dated 13-3- 2001 in Claim Case no. 55/97 passed by learned IInd MACT, Barwani wherein the amount of rs. 10,000/- was provided to the appellant.

(2.) THE case of the claimant is that on 26-7-97 at about 8. 15 p. m. at khemakhadi Culvert in Village Kari when the claimant was going on Bajaj scooter, the Motor Cycle driven rashly and negligently by respondent No. 2 hit the vehicle of the claimant and the claimant has received the fracture of his left leg and the injuries on his head and left hand. That the first information report was lodged against the respondent on 29-7-97 at Police Station Barwani and the claimant was medically examined wherein it was found that he has received the fracture of his left leg. The claimant has prayed for the pecuniary and non-pecuniary damages of Rs. 2,50,000/- from the respondent.

(3.) THE respondent has denied that the accident has taken place on account of the rash and negligent driving and it is alleged that the claimant has not received the fracture or any injury and as such, the claim petition should be dismissed.