BHANWAR SINGH Vs. RAMCHARAN

JUDGEMENT

(1.) THIS is an appeal by claimant-injured for enhancement of Award passed by Motor Accident Claims Tribunal, Gwalior, in claim case No. 60/83, on 22.11.1988.

(2.) BRIEF facts of the case are as under: The accident occurred on 24.3.1983 at about 1.30 p.m., while the claimant (acyclist) was going on his duty from Morar towards J.C. Mill had crossed the Railway Crossing on his left side, it is alleged that Rarricharan (Respondent No. 1), who was driving a truck No. 2932, belonging to M.P.S.R.T.C. came from behind rashly and negligently and dashed the cyclist, as a result thereof he fell down and sustained injuries on right thigh, right hand middle finger, left elbow and other parts of the body. The bicycle was also damaged. He was taken in J.C. Mill's Ambulance to the Gwalior Police Station where a report was lodge and an offence under Sections 279 & 330 Indian Panel Code was registered at Crime No. 192/83. The claimant-injured was admitted in J.A. Hospital and remained there from 24.3.1983 to 26.3.1983. Then, he was shifted to Military Hospital and remained there from 26.3.1983 to 2.4.1983. Then, was again brought to J.A. Hospital, where he remained till 30.4.1983 and he was again shifted to Military Hospital on 1.5.1983 and remained there till 16.5.1983. He was, during his treatment, operated and a rod was inserted in his right thigh.

(3.) THE learned Tribunal on evidence being recorded has given a categorical finding that the accident had occurred due to rash and negligent act of the driver, and awarded a compensation of Rs. 27,000/- in all.