MADAN MOHAN Vs. SATISH KUMAR

JUDGEMENT

(1.) THIS is claimant's appeal under section 173 of Motor Vehicles act seeking enhancement of compensation awarded by the Second Motor Accidents claims Tribunal, Gwalior in Claim Case no. 47 of 1998. By the impugned award dated 20. 1. 2001 for the serious injuries sustained by appellant in the accident in question, a sum of Rs. 1,30,000 is awarded as compensation. Appellant has filed this appeal seeking enhancement of the amount of compensation.

(2.) APPELLANT claims to be a 36 years old man engaged in the vocation of sale of groundnut by moving around in the city on a cycle. According to the appellant, he used to earn about Rs. 100 per day by sale of groundnut and on 18. 2. 1998 when he was engaged in his vocation on his cycle, a truck bearing No. MP 06-E 0759 came from the opposite side, which was driven by respondent No. 1 in a rash and negligent manner. The truck in question was owned by respondent No. 2 and insured with respondent no. 3. The truck dashed against the cycle of the appellant. Appellant fell down and wheels of the truck went over both legs of the appellant. As a result of the accident, appellant sustained serious injuries on his both legs. He was immediately admitted to Madhav Dispensary from where he was shifted to J. A. Group of hospitals. He was under treatment in J. A. Group of Hospitals for a long period of time. He was operated upon and rods were implanted in his legs but even after operation, he has not recovered completely.

(3.) THE claimant claimed that he has sustained permanent disability because of the accident to the tune of 60 per cent. Claim petition was filed before the court below. The learned Tribunal on the basis of the evidence and other material that has come on record found the claimant to have sustained serious injuries in the accident, but for the same, only granted a compensation of rs. 50,000, a sum of Rs. 20,000 was awarded towards pain and suffering, rs. 25,000 was awarded for the fractures sustained and a sum of Rs. 20,000 was awarded towards loss of future earnings. Accordingly, a total sum of Rs. 1,30,000 is awarded as compensation.