AASAN Vs. RAM BABU SEN

JUDGEMENT

(1.) This appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 16.7.1999 passed by the Sixth Addl. Motor Accidents Claims Tribunal, Bhopal, in M.C.C. No. 13 of 1998.

(2.) In accident dated 19.12.1997 when claimant Aasan alias Aasar was travelling in a minibus (MP 04-H 7715) from Gandhi Nagar to Bhopal, the minibus was driven by Mohd. Ateek and when it reached Lalghati Railway Crossing near Rajeev Nursery, Ram Babu Sen came from Bhopal side towards Gandhi Nagar at excessive speed, he was driving the jeep (MP 04-H 5871) violating the traffic rules, he came in front of minibus and turned towards the wrong direction, in order to avoid collision the driver of minibus, namely, Mohd. Ateek also turned the minibus, owing to which it turned turtle. Claimants and other persons travelling in minibus sustained injuries. The claimant was taken to Hamidia Hospital, where his left leg was amputated above knee level and two fingers of his right foot were also amputated. He remained under treatment in the hospital for considerable time. He had sustained disability to the extent of 85 per cent. Report of the incident was lodged at Police Station, Shahjehana- bad. Claimant was working in the utensil shop as a labourer. He is now unable to earn livelihood. The family was dependent upon his earnings. The compensation of Rs. 20,15,000 was claimed.

(3.) The jeep owned by Shama Agrawal was insured with New India Assurance Co. Ltd., whereas the bus was owned by Ghanshyamdas Sewakani, insured with Oriental Insurance Co. Ltd.