UMRAO SINGH Vs. BHARATLAL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 12.4.2006 of the MACT Ratlam in Claim Case No. 109/04, by which for the injuries sustained by the appellant in an accident, the appellant has been awarded a sum of Rs. 55,000/- against the claim of Rs. 12,75,000/-.

(2.) ACCORDING to the applicant (appellant), on 29.12.2003 when he was travelling as representative of owner of the goods in the trolley of a tractor with the agricultural produce namely onion, as the tractor trolley reached Barbodna, on account of rash and negligent driving of tractor by respondent No. 1 Bharatlal, the trolley over turned resulting in the fracture of left femur bone of the applicant. He was rushed to the District Hospital, Ratlam for treatment and the report of the accident was lodged at Police Station, Namli. Since his bone did not unite, he had to proceed to Udaipur for treatment in the Jagruti Orthopedics Hospital where a rod was inserted in the bones. Since compensation as demanded was not awarded and the Insurance Company was exonerated, the appellant has filed this appeal under S. 173 of the Motor Vehicle Act (for short the Act).

(3.) THOUGH learned counsel for appellant submits that the amount of Rs. 55,000/- awarded by the Tribunal is neither just or proper nor commensurate with the harm suffered, we find that the Tribunal has taken into consideration all factors in coming to the conclusion that the appellant was entitled only to Rs. 55,000/-. In determining the said amount, the Tribunal took into consideration the medical expenses of Rs. 17,000/-, transport Rs. 3,000/-, loss of income Rs. 5,000/-, general damages of Rs. 15,000/- and Rs. 15,000/- for pain and suffering. Since we find that the compensation awarded is adequate, we now proceed to decide the real contest between the parties namely the liability of the Insurance Company.