RAMAKANT SINGH Vs. AMBA RAM

JUDGEMENT

(1.) THIS is claimant appeal for enhancement of compensation against the award dated 22.11.2001 passed by the 11th M.A.C.T. Indore, in Claim Case No. 115/01.

(2.) THE appellant is aged 35 years. On 19.5.1998 at 3:15 in the after noon he was going on his scooter bearing No. J.B. 3317 to Jawhar Tekri. He was dashed by a Tractor bearing No. MP09-0165 driven negligently and rashly by the driver. He received serious injuries and admitted in the hospital. Thereafter, he filed the claim application claiming compensation of Rs. 2,11,000/-.

(3.) LEARNED counsel for the appellant contended that the compensation awarded to the appellant was on lower side. Learned counsel for the respondent No. 3 contended that the offending vehicle was not insured with the Insurance Company hence it is not liable to pay compensation and the finding of the claims tribunal in this respect is not as per law. It is clear from the evidence of Dr. Deepak Kulkarni, who is a specialist in neuro surgery, that the appellant received injuries on his head. There was also injury on his hand. At the time of accident he became unconscious. He submitted that there was a fracture on the head of the appellant and he treated the appellant for the same injury for near about six months. Dr. G.L.Jakhetiya (AW 4) has deposed that he had done skin grafting on the right hand of the appellant. Another doctor Sapan Banerji has issued the disability certificate, also deposed that there was total 20% disability to the appellant because he received fracture of zygomatic bone of head and there was a fracture in the left hand of the appellant on the basis of the above injuries he issued the certificate. The tribunal also held that there was 20% permanent disability to the appellant and awarded total compensation of Rs. 40,000/-, Rs. 20,0Q0/- for medical expenses and Rs. 20,000/- for pain and suffering.