MOOLSHANKAR Vs. RAMGOPAL

JUDGEMENT

(1.) THE claimant-appellant has filed this appeal under Section 110-D of the Motor Vehicle Act, for enhancement of compensation against an award dated 29th July, 1978 given by the Member, Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 10/76, whereby be has awarded compensation of Rs. 4,000/- plus interest at Rs. 6% per annum from the date of the award, though the appellant had put up a claim for Rs. 40,000/- for the injuries sustained by him in the accident that took place on 22-2-1976.

(2.) THE facts giving rise to this appeal may be stated, in brief, this : Respondent No. 1 Ramgopal is the owner of auto-rikshaw number NPN 8089 which on the relevant day of the accident, which took place on 22-2-76 was insured with respondent No. 2. United India Fire and General Insurance Company.

(3.) THE respondent No. 1 did not dispute the factum of accident but contended that the accident did not occur because of his negligence. According to the said respondent he was driving the said auto-rikshaw at a moderate speed but all of a sudden a boy riding on a bicycle came in front of the auto-rikshaw and in order to save the boy he had to apply brakes suddenly and it is in these circumstances he lost the balance due to which the rikshaw overturned. He denied that the appellant had received serious injuries.