BABLU Vs. DHEERAJ SINGH

JUDGEMENT

(1.) BOTH these appeals filed under section 173 of the Motor Vehicles Act, 1988 ('Act' for short) arise out of the award dated 22.1.1998 passed by IV Motor Accident Claims Tribunal, Sagar (for short the 'Tribunal') in Motor Accident Claim Case No. 6/1996.

(2.) THE appellant of M.A. 423/1998 filed a claim petition under section 166 of the Act stating therein that on 16.3.1995 he along with others was travelling from Chhatarpur to Sagar by Jeep bearing Registration No. MP 094)678 driven by first respondent and owned by the 2nd respondent. When the said jeep reached near village Jairai at about 2.30 a.m. as a result of rash and negligent driving of it by the first respondent, it could not be controlled by him and turned turtle. In the said accident he suffered grievous injuries on his chest, waist and on back. A report was lodged at Police Station, Sagar. He was admitted in District Hospital, Sagar. Thereafter due to the seriousness of his injuries he was taken to hospital at Gwalior for further treatment. He further stated that due to the injuries his ribs and the spinal cord were fractured. Accordingly, he sought compensation of Rs. 8 lakhs from the respondents.

(3.) THE learned counsel for the claimant contended that the Claims Tribunal has committed error in not awarding just compensation and the compensation awarded is too low. The learned counsel for the owner and driver contended that the accident occurred by the rash and negligent driving of the Jeep by the brother of the claimant and as such the owner and driver cannot be saddled with the liability to pay the compensation. It is also contended by them that the compensation awarded is on much higher side.