MANI ALIAS MANIK Vs. SHRIRAM

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (Act) for enhancement of compensation awarded in Claim Case No. 66 of 1991 by a common award dated 7. 4. 1995 passed by Motor Accidents Claims Tribunal, Khandwa.

(2.) THE appellant was travelling as a labourer of the forest contractor for the security of the wood transported in truck No. MBI 28 driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3. The truck was not in control. It struck the telephone pole and turned turtle as a result of which the appellant and other labourers received injuries. The appellant suffered the fractures of his left wrist, radius bone and injuries on other parts of the body. He was admitted to Government Hospital, Khandwa. He remained there as indoor patient for eight days where his left hand was plastered which remained for 40 days. The appellant stated that because of the fracture in the left radius and wrist, he could not now do heavy work as a labourer and has become unfit. The Tribunal awarded Rs. 1,000 towards medical expenses, Rs. 2,250 for loss of earning and Rs. 1,000 for pain and suffering for a period of 3 months. In all, the amount of Rs. 4,250 was awarded with interest at the rate of 12 per cent per annum from the date of application till payment which was ordered to be paid by the owner and driver of the truck jointly or severally. The respondent No. 3 insurer of the truck was exonerated from payment of compensation as the appellant and other labourers were travelling as gratuitous passengers in the truck, in breach of the conditions of the policy.

(3.) AFTER notice of appeal, owner has filed cross-objections under Order 41, Rule 22 wherein it is contended that finding recorded by the Tribunal to exonerate the respondent No. 3 is illegal.