RAM @ RAMESH Vs. BABUKHAN

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation in the injury case. Third Motor Accident Claims Tribunal, Alirajpur, in Claim Case No. 149/2000 has awarded a compensation of Rs. 66,724 with interest at the rate of 9% per annum thereon.

(2.) AS per the claimant's case, the accident took place on 15.4.2000 at about 6 p.m. the claimant was travelling in a Jeep No. MP-09-S/382 and he was going towards Ambua. At the same time, one dumper bearing No. MP-11-A/4333 came from the opposite side, which was being driven by respondent No. 1 Babukhan rashly and negligently. He turned his dumper on extreme right side and brought it on the road and dashed the jeep. Due to accident the jeep turned turtle and the persons who were sitting in the jeep received injuries. They were referred to Civil Hospital, Alirajpur, where the appellant was treated. The appellant has produced medical bills Exts. P/8 to P/45. As per the medical evidence there was fracture in the left humerous bone and a fracture as well as dislocation in the femur bone. The Tribunal has awarded compensation of Rs. 66,724; out of which Rs. 41,724 towards the treatment and Rs. 25,000 towards 39% permanent disability.

(3.) THE contention of the learned Counsel for the appellant is that the Tribunal has not awarded proper compensation for the permanent disability of 39% and compensation of Rs. 25,000 is on lower side. He has also submitted that the Tribunal has not awarded interest from the date of filing the application but awarded interest from the date of award without assigning any reason.