UMESH Vs. ABDUL KHAN

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 217 of 1992 (Santosh v. Abdul Khan) as both these appeals arise out of the same accident.

(2.) THE claimants have filed these two appeals against the award dated 30. 3. 1992 passed in Claims Case Nos. 119 and 124 of 1989 by the IVth Additional Member, Motor Accidents Claims Tribunal, Indore. The two claimants seek enhancement of the amount of compensation awarded by the Tribunal. The claimants who were the pedestrians were dashed by truck No. MKB 961 on 2. 6. 1989 at about 10 p. m. as a result of which the two claimants received multiple injuries. The injury received by claimant Umesh, aged 15 years was a fracture in right radius and ulna who remained under treatment and plaster for 1 1/2 month. A steel plate was inserted to join the fracture. From the medical evidence the permanent disability was 20 per cent but the Tribunal assessed the permanent disability at 5 per cent.

(3.) CLAIMANT Santosh, aged 14 years, received the abdominal injury whereby his two intestines 13" long were damaged. He also received a fracture in pelvis resulting in limping and shortening of right leg by 1". Santosh remained under treatment in M. Y. Hospital, Indore, for about three months. The permanent disability from the medical evidence was assessed at 50 per cent while the Tribunal recorded a finding that no serious/grievous injury was caused to the claimant Santosh because the record of treatment in M. Y. Hospital was not legally proved by examining the doctors who treated the claimant Santosh. After holding that the driver was rash and negligent in driving the vehicle, the Tribunal awarded compensation of Rs. 19,500/- to the claimant Umesh under all heads while Rs. 9,000/- to claimant Santosh. Aggrieved of that, the claimants have preferred their respective appeals for enhancement of the compensation.