NETRAM Vs. VIJAY KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant for enhancement of compensation aggrieved by an award dated 21-1-2004 passed by Second Addl. Motor Accident Claims Tribunal, Gadarwara, District Narsinghpur in Claim Case No. 10/2003.

(2.) THE claimant filed the claim petition with respect to the injuries sustained by him in an accident dated 9-11-97 which took place at about 11 a. m. when claimant Netram along with Tarachand and other persons after hiring jeep for a sum of Rs. 500/- from the owner of the jeep Shri Vijay Kumar, was going from Gadarwara to have Darshan "banjari Mata temple situated at Kareli, Narsinghpur". Due to rash and negligent driving of Ramgopal, driver of the jeep, and to save a cyclist the jeep turned turtled, appellant sustained injuries and Tarachand died. Claimant suffered the fracture of clavicle bone and owing to the injuries sustained, his spleen was removed. He was admitted in Govt. Hospital, Narsinghpur. He remained at Govt. hospital from 9-11-97 till 11-12-97. His spleen was punctured, life saving operation was done. Claimant was lucky to survive. He could not resume the duty for about 6 months. The claimant was vegetable commission agent and was also owner of truck (M. P. No. 20-H/1067) was an income-tax payee and for the assessment year 1996-97,1997-98 and 1998-99, his income was assessed Rs. 77,120/-, 72,960/- and Rs. 59,485/-respectively. Claim petition was preferred as against the owner, driver and insurer of the jeep claiming compensation of Rs. 9,98,633/ -. Report of the incident was lodged at P. S. Narsinghpur. Offence was registered under Sections 379, 337 and 304 of the IPC and charge-sheet was filed as against Shri Ramgopal, driver of the jeep in the Court of JMFC, Narsinghpur.

(3.) OWNER and driver in their written statement denied the averments made in the claim petition. It was averred that liability, if any, is that of the insurer as the vehicle was duly insured. The driver contended that jeep was driven at the speed of 40 kms per hour. All of a sudden, cyclist came in front of the jeep, hence, it turned turtle; he was not negligent.