PUSUVA Vs. LAXMAN

JUDGEMENT

(1.) THE appellant is an injured who has filed this appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation of Rs. 13,000 awarded in Claim Case No. 101 of 1990 vide award dated 22. 11. 1995, passed by First Additional Motor Accidents Claims Tribunal, Mudwara (Katni), Jabalpur.

(2.) IT is not in dispute that on 24. 4. 1985, the appellant was travelling as palledar (loader) in truck No. MBJ 3791, driven by driver Laxman, since deceased, owned by respondent No. 2 and insured by respondent No. 3. The said truck overturned, as a result of which one labourer died at the spot and the appellant received severe multiple injuries. The appellant was taken to hospital for treatment of his compound fracture in the right leg. After treatment his fracture resulted in permanent disability, which was assessed by AW 3, Dr. R. Harchandani, to the extent of 65 per cent. A look at the photographs produced before this Court, shows that the fracture was in the right leg below the knee and the fractured bone was not rightly set, which is bulging out, and has resulted in shortening of the leg.

(3.) MR. Ashok Lalwani, the learned Counsel for the appellant, submitted that the Tribunal has awarded inadequately low compensation as radiological evidence, i. e. , X-ray, etc. , and the doctor who treated was not produced. The appellant applied for summoning of the record from the criminal court, but the record was not received. However, the Tribunal, after seeing the appellant, found the disability of the right leg, which is evident from the order sheet dated 27. 4. 1991. Therefore, the Tribunal ought to have awarded the just compensation.