MOHD NAWAB Vs. MANOJ KUMAR

JUDGEMENT

(1.) By this appeal the appellant seeks enhancement of compensation granted by Thirteenth Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 2 of 2003 vide award dated 14.7.2003. The appellant sustained injuries in a motor accident on 12.1.2001. According to his case, on that date he was proceeding on his Luna bearing registration No. MP 09-GC 1657. While he was going on A.B. Road, there was collision with an oncoming truck bearing registration No. MP 07-N 1157 which was being driven by the respondent No. 1 rashly and negligently. Report of the incident was made at P.S., Mhow and a case was lodged against the driver of the truck. The owner of truck was respondent No. 2 while the truck was insured with respondent No. 3.

(2.) It was held that in the accident the appellant sustained injuries on his head, hand and both legs and there was rupture of his vein. He was taken to Getwell Hospital at Mhow and after primary treatment he was shifted to M.Y. Hospital, Indore. At M.Y. Hospital, Indore doctors had advised for amputation of his leg, in view of his critical condition but to save his limb, he shifted to Choithram Hospital, Indore where several operations were performed and he had remained hospitalised for a month and half. According to the appellant he was treated by several experts in the field. He was in the business of tailoring but on account of his confinement to bed he could not carry out the vocation. In the circumstances, he claimed a compensation of Rs. 15,00,000.

(3.) The driver and owner of the truck remained absent despite service and the case proceeded ex parte against them. The insurance company, respondent No. 3, had contested the matter and refuted the claim of the claimant. It also took the plea that truck driver did not have a valid and effective licence at the time of accident.