HARE SINGH SOLANKI Vs. RAMAJI MARATHE

JUDGEMENT

(1.) The appellant has called in question the sustainability of the award passed by the First Motor Accidents Claims Tribunal, Khandwa (for short 'the Tribunal') in Claim Case No. 99 of 1997 whereby the Tribunal has only awarded a sum of Rs. 1,11,000 in his favour whereas he had prayed for a sum of Rs. 9,25,000 as regards the nature of accident occurred and the disability suffered by him.

(2.) The facts which are necessary to be stated are that the claimant-appellant instituted a proceeding under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') on the ground that he was posted as a Senior Surveyor in the Department of Town Planning, Khandwa. On 1.5.1997 when he was travelling on his Rajdoot motor cycle the offending Tempo Trax bearing registration No. MP 19-0573 coming from opposite side dashed against him, being rashly and negligently driven by respondent No. 1, as a result of which the appellant suffered grievous injuries on his legs and waist causing fracture in his tibia, fibula and femur bones of the right leg. It was set forth before the Tribunal that the appellant took treatment at various hospitals and remained under treatment at Indore and Jalgaon up to 2.9.1998. It was further put forth that appellant can hardly walk without crutches and he has become permanently disabled in moving his right leg. It was set forth in the claim petition that he was drawing a salary of Rs. 5,000 from the Town Planning Department and he used to earn Rs. 1,00,000 per annum from his agricultural land and hence, he was entitled to a sum Rs. 9,25,000 as the compensation.

(3.) The owner and driver of the Tempo Trax, respondent Nos. 1 and 2 herein, remained ex parte before the Tribunal.