PRAMOD SHARMA Vs. SANDEEP KUMAR RAWAT

JUDGEMENT

(1.) BEING aggrieved by the inadequacy of the amount awarded, vide award dated 29.3.2003 passed by the IVth Additional Motor Accident Claims Tribunal, Vidisha, in Claim Case No. 4/2004, whereby a sum of Rs. 42,000/- has been awarded along with the interest at the rate of 9% per annum the present appeal has been filed.

(2.) BRIEF facts of the case are that on 18.5.2003 the appellant along with Kailash Rathore. Haridas alias Raju Panthi had gone to Bhopal on the Yamaha Motorcycle. The Motorcycle was driven by Kailash Rathore and he was pillion rider in the said motorcycle. At about 12:00 p.m. in the midnight they were returning from Bhopal, near village Kulhadiya one Jeep was coming from the opposite direction. The jeep was driven by respondent No.2 very rashly and negligently. He dashed the stationary motorcycle. The appellant received severe injuries. The matter was reported to the Salamat Pur Police Station vide Crime No. 73/2003 on 19.5.2003 and the criminal case was registered against the respondent No. 2.

(3.) THE respondents denied the allegations made in the claim petition by filing their written statement and averred that injuries received by the appellant is simple in nature. The Claims Tribunal after considering the oral and documentary evidence on record held that due to injuries the appellant suffered permanent disability to the extent of 18%. The Claims Tribunal also held that accident was taken place because of rash and negligent driving of jeep by the respondent No. 2. The bill of medical expenses for Rs. 3,650/- is admitted by the Claims Tribunal. The Claims Tribunal further held that appellant spent amount in his treatment, special diet and in total awarded Rs. 12,000/- towards medical treatment. In respect of permanent disability the trial Court awarded Rs. 20,000/- and Rs. 10,000/- towards loss of income. Thus in total Rs. 42,000/- were awarded with interest at the rate of 9% per annum from the date of application.