KALU DHANNA BHIL Vs. BANSILAL JAGANNATH VERMA

JUDGEMENT

(1.) BEING aggrieved by the award dated 29-8-2003, passed by additional MACT, Sardarpur, in Claim Case No. 86/2000, whereby in a injury case learned Tribunal awarded a sum of Rs. 30,000/-, the present appeal has been filed on the ground that amount awarded is inadequate.

(2.) SHORT facts of the case are that appellant filed a claim petition alleging that on 13-6-2000, wnen appellant was going to his house at that time TATA 407 bearing Registration No. M. P. 09 KB 1408, which was driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3 dashed the appellant, with the result appellant sustained crush injuries in his left leg and there was fracture of 3rd, 4th and 5th metatarsal bone. It was alleged that appellant was hospitalized for a period of 3 days at Sardarpur and 9 days at district Hospital Dhar. It was alleged that the leg of the appellant was plastered and appellant was on bed rest. In the claim petition it was alleged that since accident occurred because of rash and negligent driving of respondent No. 1, therefore, respondents are liable for payment of compensation. The claim petition was contested by respondents No. 1 and 2 by filing written statement, however, the case proceeded ex parte. Thereafter against them Respondent No. 3 also contested the case on various grounds including on the ground that respondent no. 1 was not possessing valid driving licence at the relevant time. After framing of issues and recording of evidence learned Tribunal awarded a sum of Rs. 30,000/-, which has already been paid by respondent No. 3 to the appellant.

(3.) LEARNED counsel for the appellant submits that looking to the injuries sustained by the appellant the amount awarded is on lower side. Learned counsel submits that there was permanent disability to the extent of 22%. Learned counsel submits that learned Tribunal has also not given any break-up of the amount of Rs. 30,000/ -.