MADHIYA Vs. RAMESHCHANDRA

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.A. No. 110/1983 (Rameshchandra and Anr. v. Madhiya and Anr.).

(2.) THIS is an appeal by the claimant Mddhiya S/o Sukhlal against the award dated 4-1-1983 passed by the Member M itor Accidents Claim* Tribunal, Dhar in Claim Case No. 30 of 1980 whereby the learned Tribunal has awarded compensation of Rs. 13,500/- with interest at the rate of 6% per annum as against the claim of Rs. 70,200/- made by the claimant-appellant. In the cross-appeal (MA. No. 110/83) filed by the owner and driver of the vehicle in question, they have sought setting aside of the award alleging negligence on the part of the claimant himself as the cause of accident.

(3.) ON 3-3-1980, Truck No. MPO 1890, loaded with manure, was being driven by the driver respondent No. 2 and the claimant along with other labourers, was sitting on the truck. The truck loaded of manure was being transported from Sayadi to Gandhwani and on the way near village Dhawarda, the truck passed over a stone due to the negligence of the driver causing a sudden jerk on account of which the claimant was thrown out from the truck and fell underneath its wheel which ran-over his right leg. He was taken to Barwani from the place of incident in injured condition for treatment, but his right leg had to be amputated from the thigh. The claimant, therefore, preferred the instant claim petition joining the truck owner, the driver and the insurer as non-applicants. The learned Tribunal, after trial, has held that the accident occurred due to rash and negligent driving of the truck by the respondent No. 2. The Tribunal found that the age of the claimant to be 28 years and determined the amount of compensation payable to him as Rs. 13,500/- as aforesaid. Being aggrieved by the inadequacy of the amount of compensation, the claimant has filed this appeal. The respondents No. 1 and 2 have, however, filed a cross-appeal (M.A. No. 110/83), as stated at the out-set.