JAIPALSINGH Vs. RAYIS

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicle Act, has been filed by the appellants/claimants for enhancement of the sum awarded to them vide award dated 3-2-2001, passed by the learned Member, First Motor Accident Claims Tribunal, Kukshi District Dhar (M. P.) in Claim Case No. 20/99.

(2.) ON 9-7-98 the appellant was returning back from his school on foot, near a culvert on Itawa road, Dewas, a truck bearing registration No. MP-13/e-0778, owned by the respondent No. 2, insured with the respondent No. 3 and driven rashly and negligently by the respondent No. 1 dashed against him. Due to the forceful impact the appellant sustained severe injuries in his legs and other parts of the body including fracture in his right leg. Huge amount of money had to be spent on his treatment, yet he has suffered permanent disablement in his leg. The appellant filed a claim petition claiming Rs. 4,60,000/- to be awarded as compensation for the loss caused to him due to the injuries. The learned Tribunal vide impugned award partly allowed the claim of the appellant and passed an award of Rs. 30,000/- along with the interest @ Rs. 12% p. a. and costs of the litigation. Feeling the amount insufficient the appellant preferred this appeal for enhancing the quantum of the award.

(3.) THE occurrence of the accident, the involvement of truck No. MP-13/e-0778 in the accident, the negligence of the respondent No. 1, the driver of the truck and the liability of the insurance company are not disputed. The only question to be considered in this appeal is whether any more amount of money could be awarded to the appellant.