MEHTA AND COMPANY Vs. RAGHUNANDAN SINGH

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. Appeal No. 247 of 1977 - -National Insurance Company Ltd. v. Raghunandan Singh.

(2.) THIS is an appeal by the owner of petrol tanker bearing registration No. MPF 6504 against the award dated 16.8.1977 passed by the Motor Accidents Claims Tribunal, Ratlam in Claim Case No. 9 of 1971 whereby die learned Tribunal has awarded a total compensation of Rs. 77,170/ - with interest to the claimant -injured Raghunandan Singh, Respondent No. 1, against the Appellant and Respondent Nos. 2 to 6 who are the legal representatives of the driver Chironjilal and the insurance company which had insured the Appellant in respect of the petrol tanker aforesaid. The material facts giving rise to this appeal, briefly stated, are as follows: On 19.11.1970 at about 3.40 p.m. the claimant -injured Raghunandan Singh, a Sub -Inspector of Police, was going on a motor cycle with constable Rajnarain Singh who was sitting behind him on the pillion and while he was driving on the road, in front of Kothari Garden in Ratlam, a petrol tanker bearing registration No. MPF 6504 coming with high speed, dashed against the motor cycle resulting in serious injuries to claimant as well as to the pillion rider. The claimant sustained fractures in the tibia and fibula bones of his right leg and had to undergo surgical operation, bone grafting and a long treatment by Orthopedicians and ultimately suffered a permanent disability.

(3.) ON a claim petition having been filed by the claimant -injured on 15.6.1971, the learned Tribunal on appreciation of evidence adduced in the case, found that the driver of the petrol tanker was rash and negligent in driving the tanker as a result of which the accident occurred and the claimant sustained injuries and permanent disability. As regards compensation, the learned Tribunal awarded Rs. 77,170/ - as total compensation together with interest thereon, against the driver, the owner and the insurer. Being aggrieved by the award, the Appellant -owner of the petrol tanker has filed the instant appeal. The other appeal, viz., MA No. 247 of 1977, has been filed by the insurer. The claimant, however, has filed cross -objection claiming enhancement of the amount of compensation.