SOMCHANDRA Vs. RAMDAS

JUDGEMENT

(1.) This is claimant's appeal for enhancement of compensation against the award dated 20.11.2001 passed by the 12th M.A.C.T., Indore,,in Claim Case No. 42 of 2000.

(2.) On 21.12.1997 at around 9 or 10 in the morning the appellant was standing near Collectorate at A.B. Road, Shajapur. He was dashed by truck bearing No. MP 09-D 9955 driven negligently and rashly by the driver. He received serious injuries on his head and eye. He was treated at Shajapur and Indore. Report of the incident was lodged with the police and a criminal case has also been registered against the driver of the truck. Thereafter, he filed the claim application claiming compensation of Rs. 4,00,000.

(3.) The learned Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the truck and owner, driver and the insurance company of the truck were liable to pay compensation. Learned Tribunal further held that because there was head injury to the appellant and fracture in parietal bone of the head of the appellant hence there was 30 per cent permanent disability to him and granted total compensation of Rs. 45,000, i.e., Rs. 20,000 for permanent disability, Rs. 20,000 for medical expenses and Rs. 5,000 for pain and suffering.