KULDEEPSINGH BHUPANDRASINGH Vs. MUBARIK HUSSAIN MOHD ISMAIL

JUDGEMENT

(1.) THE appellant is hereby assailing the correctness, propriety and legality of the award which has been passed by IInd Additional Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) Neemuch in the matter of Claim Case No. 54 of 1992 so far as quantum of compensation which has been awarded to him is concerned.

(2.) FEW facts need to be stated for unfolding the matter. The appellant, the victim was driving a moped on 16-7-1992 at about 10. 30 p. m. when he was going from Harsola to Neemuch. When he was near village Jamuniya, a truck which was being driven by respondent No. 2 dashed against him resulting in a motor accident. The said truck was belonging to respondent No. 1 and was insured with respondent No. 3 at the relevant time. The appellant was having two pillion riders on the said moped at the time of said accident. Those two persons expired in the said accident and appellant survived but he sustained injury to his leg by which he became crippled and now he is required to take the help of crutches for walking. These are undisputed facts.

(3.) THE appellant happens to be a person serving in Army. On account of said accidental injuries he has been removed from field duty and has been entrusted with table work. The appellant claimed compensation on account of those accidental injuries resulting in permanent disablement to him as well as loss of income and pain and suffering. He also claimed the amount spent by him on medical treatment for which he was required to visit Udaipur also.