DEVA Vs. DILIP

JUDGEMENT

(1.) This miscellaneous appeal is directed against the award passed by learned Motor Accident Claims Tribunal, Dhar in Claim Case No.114/2006 dated 18.04.2007, whereby the learned Tribunal awarded Rs.71,200/- by way of compensation to the appellant for the injuries he suffered in the accident that took place on 28.12.2005.

(2.) The appellant filed an application under Section 166 of Motor Vehicle Act claiming compensation of Rs.5,00,000/-

(3.) According to the appellant on 28.12.2005, he was travelling on a tractor bearing Registration No.11-A/4367 as a labourer from Dhar to Lusidiya for brining fodder for cattle. Respondent No.1 was driving the tractor. The owner of the tractor was respondents No.2 & 3 and the respondent No.4 is the Insurance Company of the tractor and the trolley. It was found by the Tribunal that no trolley was attached to the tractor when the incident took place. Appellant was sitting on mudguard of the tractor. The tractor over turned near culvert due to which appellant suffered injuries. The Tribunal also found that grievous injuries were caused to the appellant but there was no partial permanent disability, and hence awarded sum of Rs.71,200/- for the injuries sustained by the appellant.