NAVED IQBAL ANSARI Vs. BHAIYALAL & ORS

JUDGEMENT

(1.) Appellant - Naved Iqbal Ansari, who is working in Riyadh (Saudi Arab) had come to Indore to his hometown, but met with a motor road accident on 19.7.1999, while he was travelling as a pillion rider on a motorcycle which was being driven by Farhan Ansari. At that time, a Tempo, bearing Registration No. MH27 C 4566, came from wrong side of the road and violently dashed against said motorcycle. With the result, appellant was thrown on the ground and has sustained bodily injuries. Main injuries were fracture of right patella bone and fracture of right acetabulum and dislocation of right hip joint. He was admitted in Life Line Hospital, Indore. He was required to undergo operation wherein a rod was inserted for unification of bone. He was aged about 30 years at the time of accident and was working in a Courier Service Company as a Staff. His monthly salary was 2,500 Saudi Riyal + emoluments. According to him, he was required to be hospitalised and then was not able to move for at least three months. His permanent disability certificate has been issued by Dr. Pradeep Choudhary (P.W. 6) who has certified that his permanent disability is to the extent of 35%, but same may be reduced further with regular physiotherapy.

(2.) On claim being filed by appellant before 6th Addl. Motor Accident Claims Tribunal, Indore, registered as M.V. Case No. 148/1999, an award for a sum of Rs. 1,89,000 in favour of appellant, has been passed on 20.12.2001. This appeal is for enhancement.

(3.) It has not been disputed before us that accident was caused due to sole and negligent driving of Tempo by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. It has also not been disputed that due to accident, present appellant had sustained bodily injuries and was required to be hospitalised where operation was performed.