RAMSHARAN MISHRA Vs. VIJAY SINGH

JUDGEMENT

(1.) This appeal is preferred by the claimant under section 173 of the Motor Vehicles Act, 1988 being aggrieved by the award dated 9.11.2005 passed by the Motor Accidents Claims Tribunal, Bhind in Claim Case No. 42 of 2005 whereby the Claims Tribunal has awarded a sum of Rs. 3,10,734 towards the compensation for the injuries sustained by the appellant.

(2.) The brief facts of the case are that on 4.4.2004 at about 7 in the evening the complainant Ramsharan was travelling on a motor cycle as a pillion rider. The said motor cycle met with an accident with a jeep No. MP 30-T 0579, which was driven rashly and negligently by its driver Vijay Singh, respondent No. 1. In the said accident the appellant sustained injuries which has resulted in amputation of right leg from thigh. Hence, the appellant filed an application for compensation. The Claims Tribunal awarded a sum of Rs. 1,16,334 to the claimant against the medical expenses, special diet, conveyance charges and for pain and suffering. The Claims Tribunal has also awarded a sum of Rs. 1,94,400 towards general damages. The claimant has filed this appeal stating that the amount awarded towards general damages, i.e., Rs: 1,94,400 is on the lower side, while Mr. B.N. Malhotra, learned counsel for the insurance company supported the award. He contended that the amount awarded towards the medical bill and other heads as Rs. 1,16,334 is on the higher side. He contended that the bills are not properly proved.

(3.) In the present case, the insurance company has not filed any cross-objection, hence, the arguments advanced by Mr. Malhotra that the amount of Rs. 1,16,334 awarded for the bills and other expenses is on higher side cannot be considered in the present case. The only question remains to be considered is whether the amount of Rs.1,94,400 is just and proper?