DY. DIRECTOR AGRICULTURE Vs. MANGILAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and Award dated 25.8.1986 of the M.A.C.T., Jhabua passed in Claim Case No. 25/85 whereby the respondent No. 1 Mangilal has been awarded a compensation of Rs. 38,284/- with interest @ 12% per annum w.e.f. filing of the application till realisation of the same.

(2.) THE brief history of the case is that claimant-respondent No. 1 was working as a Police Officer in P.S. Jobat, Distt. Jhabua. He was having a motor-cycle No. MBE 7636. Motor Jeep No. CPZ 3023 owned by appellant-N.As. Nos. 1 and 3 was driven by respondent NA No. 2. On the date of accident i.e. 2.3.85 claimant was going on a motor-cycle. One constable was sitting on the pillion. It is alleged that there was a curb on the road. He located a motor-jeep coming from the opposite direction with a high speed. He, therefore, stopped his vehicle and was waiting for the motor-jeep to pass but the motor-jeep dashed against him. He sustained injuries. The motor driver ran away from the place of incident. Some persons present around the place of accident took him to the Police-station and then to the hospital. He lodged FIR in P.S. Jobat. He was treated in various hospitals i.e. the local Hospital at Jobat, then M. Y. Hospital, Ihdore and thereafter at Badoda. He was treated at Dhar also. It was further asserted that he has remained under plaster for 2 months and he had to take rest for about six months. His motor-cycle was also damaged. He, therefore, claimed Rs. 2000/- for the repairs of the motor-cycle, Rs. 5000/- for expenses at Indore, Rs. 2000/- for the price of medicines, Rs. 3000/- expenses of transportation by taxi, then Rs. 1500/- for the medicines at Dhar Rs. 3500/- for future treatment, Rs. 25000/- for pain and mental agony - and Rs. 50,000/-for permanent disability; thus, in all Rs. 92,000/-.

(3.) THUS , the fact of contributory negligence was pleaded.