ISHWAR DAYAL RAHANGDALE Vs. TEKDHAR PRASAD

JUDGEMENT

(1.) Aggrieved by the award of the Second Addl. M.A.C.T., Balaghat dated 15.4.1999 awarding Rs. 55,000 as compensation for the injuries received by him in a road accident that has taken place on 15.4.1996, claimant appellant preferred this appeal.

(2.) It is the case of the claimant that he is resident of Bhatra Chowki, Balaghat. On 15.4.1996 at about 10.55 a.m. while he was going from Balaghat to Baihar on a motor cycle along with his friend Ram Kishore on the road, near Langouro Uttkal Nala, the driver of the bus bearing registration No. CPQ 8600 belonging to Chunnilal Patle, non-applicant No. 2 and insured with National Insurance Co. Ltd., respondent No. 3, came from the opposite side. The bus was being driven in a rash and negligent manner with high speed. The bus dashed his motor cycle due to which he fell down and the motor cycle fell on his right leg and the claimant received crush injuries. The claimant was shifted to Government Hospital, Balaghat, in the offending bus itself. An F.I.R. was lodged by conductor of the bus at Balaghat. The claimant was shifted to hospital where he was examined by Dr. Pawar who found compound fracture and dislocation of right ankle with auto amputation of 4th and 5th toe with loss of 1/3rd of fibula on the person of the claimant. The claimant was referred to Medical College and Hospital, Nagpur where he was operated on 16.5.1996. He remained admitted in the Medical College and Hospital till 9.6.1996. He was re-admitted on 16.7.1996 for skin-grafting and was discharged from the Medical College, Nagpur on 23.7.1996. Dr. Pawar certified that the claimant suffered 50 per cent permanent disablement. The claimant has pleaded that he is not in a position to move comfortably. He is required to use crutches while moving.

(3.) The claimant averred that before the accident he was engaged in the grocery business out of which he used to earn a sum of Rs. 2,000 per month. In addition to this, he used to take contract of Bhawati Weekly Market. He filed the petition claiming compensation of Rs. 4,29,000.