SWADESH KUMAR JAIN Vs. JAYANTI

JUDGEMENT

(1.) THIS appeal is filed by the claimant under section 173 of the Motor Vehicles Act being aggrieved by the award dated 13. 5. 2002 passed by Fifth Additional Member Judge, Motor Accidents claims Tribunal, Gwalior in Claim Case No. 30 of 1999 whereby the Claims Tribunal has awarded a sum of Rs. 85,000 towards compensation for the injuries sustained by the claimant in a motor accident.

(2.) BRIEF facts of the case are that the claimant was driving a motor cycle and was going from Anaj Mandi to Bharat Traders, Dabra. When he reached at the gate of Anaj Mandi, tractor No. MP 07-H 5183 which was driven by Jayanti, respondent No. 1 and was owned by Dakua Ram, respondent No. 2 dashed against the said motor cycle which has resulted into fracture of tibia and fibula bones of the right leg of the claimant. The tractor was insured with insurance company, respondent No. 3. Due to the said injuries, the appellant-claimant was treated at Gwalior and then at A. I. I. M. S. , New Delhi. He had undergone more than two operations and there was a shortening of six centimetres of his right leg.

(3.) THE claimant filed an application claiming compensation before the Claims Tribunal. The Claims Tribunal found that the claimant was 25 years of age at the time of the accident. He was working in a grocery shop. According to the claimant he was earning Rs. 3,000 per month from the said grocery shop.