HABIB Vs. MANGILAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 9. 8. 2001, passed by 4th Member, Motor Accidents Claims Tribunal, Mandsaur in Claim Case No. 114 of 2000.

(2.) THE appellant met with a motor road accident and sustained injuries; thereby he filed a claim petition before the learned Tribunal, claiming compensation for the loss caused to him due to the accident. The gist of the case of the claimant-appellant is that on 20. 10. 2000, he was going on a bicycle from his house towards Mandsaur for attending his work as he was a labourer and was working as hammal. Near the bridge over Shivna river, bus bearing registration No. MKU 7718, driven rashly and negligently by respondent No. 1, owned by the respondent No. 2 and insured with respondent No. 3 dashed against him. Due to the impact the appellant sustained injuries and fracture was caused in clavicle bone of his right hand and in scapula. Due to the injuries sustained in the accident the appellant was paralysed and has become permanently disabled. He had spent about Rs. 1,50,000 in his treatment and about Rs. 25,000 in taking special diet. He had also suffered physical pain and mental agony. He was aged 25 years at the time of accident and was earning Rs. 4,000 p. m. by working as a labourer. After the accident he has been paralysed and become permanently disabled and he is unable to earn his livelihood. He claimed a sum of Rs. 10,89,000 in all as compensation.

(3.) THE respondents opposed the claim and filed their respective written statements. The learned Tribunal, after framing and trying the issues accepted the claim of the appellant in part and passed an award of Rs. 1,69,000 in favour of the appellant against respondents. Feeling dissatisfied with the quantum of the award appellant has filed this appeal for enhancement of the amount of compensation awarded to him.