AMBALAL Vs. ANNA

JUDGEMENT

(1.) THIS order shall also dispose of the Cross Misc. Appeal No. 226 of 1984 (Oriental Fired: General Insurance Co. v. Ambahl and Ors.) which is by the insurer.

(2.) THIS appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') is directed against the award dated 29-3-1984 made by the Member, 1st Additional Motor Accidents Claims Tribunal, Indore in Claim Case No. 153 of 1979 whereby the claim petition under Section 110-A of the Act filed by the appellant Ambalal has been allowed only partly.

(3.) THE claim petition was filed on the following averments. The accident occurred due to the negligence of the truck driver who had come on the wrong side. As a result of the accident, the appellant Ambalal had sustained several injuries including those on his right leg and on his face. He had sustained fractures and had to remain under treatment for a considerable period. It was stated that Ambalal has sustained permanent disability. A claim for Rs. 28,000/- was laid against the driver, insurer and the owner of the truck.