GANGA RAM PATEL Vs. MOHAMMAD ZAHEED KHAN

JUDGEMENT

(1.) These appeals have been preferred as against awards passed by Claims Tribunal in Claim Case Nos. 81, 71, 6 and 23 of 1999 by First Additional Motor Accidents Claims Tribunal, Mandla on 21.12.2001.

(2.) THE facts in short are that on 9.4.1998 claimant Ganga Ram was travelling in a jeep (No. MP 09 -S 1772) from Mandla to Narainganj, near Sahjani. Ram Kumar Gupta, the driver, drove the jeep rashly and negligently, due to that jeep fell into a ditch. Claimant Ganga Ram sustained injuries. Fracture of skull, fracture of fourth and fifth ribs was found, it was claimed that his hearing capacity was affected to the extent of 70 per cent, driver died in the accident, vehicle was owned by Mohd. Jaheed, insured with National Insurance Co. Ltd. Ganga Ram claimed compensation of Rs. 10,48,400 along with interest.

(3.) CLAIMS Tribunal has found that driver of the jeep drove it rashly and negligently, owing to that claimant Ganga Ram sustained injuries, compensation of Rs. 88,400 has been awarded, out of that a sum of Rs. 62,400 has been awarded on account of 20 per cent permanent disability due to head injury, age of the claimant was 46 years, multiplier of 13 has been applied, apart from that a sum of Rs. 10,000 has been awarded for physical pain and mental suffering, Rs. 10,000 for medical expenditure, Rs. 6,000 for loss of earning for a period of 3 months at the rate of Rs. 2,000 per month. Dissatisfied with the quantum of compensation, appeal has been preferred by Ganga Ram for enhancement. The liability has been fastened on insurer National Insurance Co. Ltd., violation of policy has not been found, consequently, insurer has also come up in appeals.