SAURABH SHRIVASTAVA Vs. SUNDAR SINGH

JUDGEMENT

(1.) THIS appeal is preferred by the claimant being aggrieved by award dated 5.8.2006 passed by First Additional Member Judge, Motor Accidents Claims Tribunal, District Vidisha in Claim Case No. 51/2005 whereby the Claims Tribunal has awarded a sum of Rs. 2,58,128/ - towards compensation for the injuries sustained by the claimant/appellant Saurabh Shrivastava.

(2.) THE brief facts of the case are that on 25.8.2004 at about 8 p.m. claimant Saurabh Shrivastava was driving a motorcycle bearing registration No. M.P. 40/B -A -4974. He was going from Mukherji Nagar to his house at Rajiv Nagar. When he reached near Shahnai Garden a bus bearing registration No. M.R 40/F -0004, which was driven by respondent No. 1 Sundar Singh, owned by respondent No. 2 Gurucharan Singh and insured with respondent No. 3 Insurance Company dashed against the motorcycle, which has resulted in serious injuries to the appellant. The left palm of the appellant was crushed under the wheel of the said bus. The claimant was a student of B.E. Part III of Electric Branch. He was 21 years of age at the time of accident and was unmarried.

(3.) THE contention of learned counsel for the appellant is that the amount awarded by the Claims Tribunal is too low, considering the nature of injuries sustained by the appellant. According to the counsel for the appellant as per the statement of Dr. M.L. Sharma, PW 3 the appellant has suffered 70 -75% disablement and therefore, high amount of compensation should have been awarded to him. Ku. Vandana Kekre, counsel appearing for respondent No. 3 Insurance Company on the other hand supported the impugned award and contended that the amount of compensation awarded by the Claims Tribunal is just and proper and does not require any interference.