SYAMLAL Vs. SUDHIR JAIN

JUDGEMENT

(1.) Feeling aggrieved by the award dated 14.11.2002, passed in Claim Case No. 93 of 2002 by 1st Additional Member, Motor Accidents Claims Tribunal, Dhar, the appellant has filed this appeal.

(2.) For the injuries sustained by appellant in a motor road accident he has been awarded a sum of Rs. 47,724. The facts giving rise to the accident are mentioned herein below: On 15.7.2001, at about 8.30 in the evening, the appellant was travelling in a car bearing registration No. MP14-E7470. The car was being driven by respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3. The car was travelling between Sardarpur to Dhar. Due to rash and negligent driving of the car, it dashed against a tree. Due to this, appellant sustained bodily injuries. Hence, he filed a claim petition before the aforesaid Tribunal.

(3.) According to the appellant, he was aged about 40 years, at the time of the accident and was engaged in the business of running a roadside restaurant. He was required to undergo treatment in Bhoj Hospital at Dhar and then in Baroda Hospital. Due to severe fracture of left shoulder, he remained in hospital for about 2 months and 3 days. His permanent disability, as per Dr. Vivek Agrawal, is to the extent of 28 per cent. In the light of the aforesaid evidence, it has been contended that the amount of award is on lower side and deserves to be enhanced.