SUDHIR MANDELIYA Vs. MUNNALAL AND OTHERS

JUDGEMENT

(1.) This appeal has been filed for enhancement of compensation aggrieved by the award dated 5th March, 2002 passed by 12th Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in Claim Case No. 20/2002, whereby awarding total compensation of Rs. 90,000.00 on account of 40% permanent disability incurred by the claimant due to fracture on palvic and patella bone in an accident dated 12th Nov., 1997. The claimant was travelling alongwith Ramgopal. Ramswaroop and Vijay Kumar Gupta in a Maruti Van bearing registration No. M.R 02/3140. A truck bearing No. MP07-A8346 came from the opposite side driven by Munnalal Ramgopal and Romswaroop died on the spot whereas Sudhir Mandeliya sustained injuries in the accident. The report of the accident was lodged at Police Station Myana, District Guna, where offence under Sections 269, 337, 304-A, I.PC. had been registered by the police at Crime No. 247/1997. On account of injuries, the claimant filed claim petition for compensation of Rs. 10,25,000.00.

(2.) The vehicle was owned by K. Singh and insured with the New India Assurance Company Ltd.

(3.) The owner and driver of the vehicle remained ex-parte. The insurer in its written statement denied the liability contending that driver of the Maruti Van himself was negligent in driving the car and the driver of the truck was not negligent. The owner and insurer of Maruti Van were necessary parties to the proceedings. The driver of the truck was not holding the valid and effective driving licence. The Tribunal has found that accident had been caused due to rash and negligent driving of the driver of the truck driven by Munnalal. The claimant has incurred 40% permanent disability. The Tribunal has awarded total compensation of Rs. 90,000.00. Rs. 50,000.00 towards 40% permanent disability, Rs. 10,000.00 on account of mental and physical pain, Rs. 25,000.00 on account of medical expenses and Rs. 5,000.00 towards special diet. Dissatisfied with the quantum of the compensation, this appeal has been preferred by the claimant.