SUBHASH Vs. SATINDER KAUR

JUDGEMENT

(1.) This appeal is by the claimant seeking the enhancement of compensation awarded by the Sixteenth Motor Accidents Claims Tribunal, Indore. By the impugned award a sum of Rs. 5,333 (rupees five thousand three hundred thirtythree) has been awarded by the Claims Tribunal for the personal injuries sustained by the appellant in a road accident occurred on 8.9.2001.

(2.) Appellant was going in his autorickshaw bearing registration No. MP 09- KB 7376. While he was near Navlakha Bus Stand, respondent No. 2, driving truck bearing registration No. MP-KK 1312 came from the opposite direction and hit the autorickshaw; as a result, appellant sustained fracture in the right leg as well as head injuries. It was contended that the appellant was earning Rs. 3,500 (rupees three thousand five hundred) per month and thus, a claim for compensation to the tune of Rs. 7,00,000 (rupees seven lakh) was staked before the Claims Tribunal. The respondent Nos. 1 and 2 remained ex parte before the Claims Tribunal and only respondent No. 3 insurance company contested the matter. Appreciating the evidence learned Claims Tribunal came to the conclusion that accident occurred due to rash and negligent driving of the truck by respondent No. 2. It was also found that on the fateful day, truck belonged to respondent No. 1 and was insured with respondent No. 3. The learned Claims Tribunal also came to the conclusion that appellant has sustained simple injuries and thus awarded a sum of Rs. 5,333 on all heads. Being aggrieved by the said award, the appellant- claimant is in appeal.

(3.) We have heard learned counsel for parties at length. Perused the record of the Claims Tribunal.