NARESH TYAGI Vs. RAMESH CHAND AND ANOTHER

JUDGEMENT

(1.) The appellant has preferred this appeal against the Award of the Additional Motor Accidents Claims Tribunal, Gwalior passed on 30th Sept., 1992 in Claim Case No. 149 of 1988, for enhancement of the award.

(2.) Brief facts stated as found by the Tribunal are That the appellant was working as a Cleaner on Truck No. CPM 7569 and on 25th Oct., 1985 he on the truck with deceased driver Jagdish Sharma proceeding from Morena to Gwalior. The truck met with an accident near Rairu village as a result thereof the appellant sustained injuries. The Claims Tribunal found that the accident occurred due to rash and negligent driving of the truck. In support of the claim the appellant examined himself as A.W. 1, Surendra Singh Tomer (A.W. 2), Chhaj Singh (A.W. 3). The Claims Tribunal found that left leg of the appellant has been amputated, which fact is borne out from the document Ex. P-l, which is a discharge ticket of J.A. Group of Hospitals.

(3.) The Claims Tribunal awarded an award of Rs. 25,000.00 with interest at the rate of 12% p.a. from the date of application till realisation.