LALIT Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is a claimant's appeal for enhancement of amount of compensation against the award passed by the addl. Motor Accidents Claims Tribunal, guna in Claim Case No. 53 of 1998.

(2.) ON 6. 2. 1998 the claimant along with his father was travelling in a truck bearing registration No. HR 29-C 1555 (hereinafter referred to as 'truck No. 1555' ). He was going from Guna to Badarwas. Near bila-Bawadi at A. B. Road another truck bearing registration No. MP 06-E 0325 (hereinafter referred to as 'the truck No. 0325') dashed with truck No. 1555 and in the aforesaid accident claimant and his father suffered serious injuries. There were injuries on both the legs of claimant and his teeth were also damaged. He was admitted two times at District Hospital, Guna, also sent for examination to Indore. The medical experts certified 40 per cent disability to claimant. He filed a claim application claiming compensation of Rs. 2,05,000.

(3.) THE truck No. 1555 was insured with oriental Insurance Co. Ltd. , respondent-non-applicant No. 2 and the owner and driver of truck No. 1555 were respondent nos. 1 and 3 respectively. Truck No. 0325 was insured with New India Assurance Co. Ltd. , respondent-non-applicant No. 5 and owner and driver of truck No. 0325 were respondents-non-applicant Nos. 4 and 6 respectively. The driver of truck No. 1555, respondent-non-applicant No. 3 and driver of the truck No. 0325, respondent-non-applicant No. 6 were absent before Claims tribunal, hence they were proceeded ex pane.