RAGHVENDRA SINGH CHOUHAN Vs. RAMBABU SINGH

JUDGEMENT

(1.) THE appellants have approached this Court for the enhancement of the amount of compensation and have also challenged the impugned award in this appeal since the learned Tribunal had not fixed any liability for the payment of compensation on respondent No. 3, i. e. , National Insurance Co. Ltd.

(2.) APPELLANT-CLAIMANT No. 1 is the injured and appellant Nos. 2 and 3 are his father and mother. On 17. 8. 1987, appellant had boarded the bus registration No. CPG 4557 from Umri for coming to Bhind. The bus was owned by respondent No. 1 and was driven by respondent No. 2. It over-turned near Akoda Octroi Post, due to the rash and negligent driving of respondent No. 2. The said bus was insured with respondent No. 3. In the incident, appellant No. 1, who was aged about 14 years at the relevant time, suffered grievous injuries including the fractures of the right hand and of the right leg. The leg had to be amputated below the knee.

(3.) THE learned Tribunal on the appreciation of the evidence found that the accident was due to the rash and negligent driving of the driver, respondent No. 2 and due to the accident, appellant No. 1 had suffered permanent disablement.