RAM CHARAN VISHWAKARMA Vs. MOHAMMED ATEEK AND ANOTHER

JUDGEMENT

(1.) This miscellaneous appeal under Sec. 173 of the Motor Vehicles Act has been preferred by the claimant against the award dated 25.7.2000 passed by the IInd Motor Accident Claims Tribunal, Vidisha (M.P.), in Claim Case No. 99/99 whereby the Claims Tribunal has awarded a sum of Rs. 48,500.00 with an interest @ 12% per annum to the claimant from the date of institution of the claim petition till the realisation of the amount.

(2.) The case of the claimant is that he is the auto driver and was driving auto-rickshaw bearing No. MP04-A-7047 on the date of incident i.e. on 23.1.1998 at about 8.30 p.m. and was going towards Savarkar Bal Vihar. When his auto-rickshaw reached in front of the clinic of Dr. R.K. Jain, one unknown jeep came, dashed against his auto and fled away from the spot, consequence of which he and the two passengers travelling in the auto-rickshaw received grievous injuries. The report of the incident was lodged at Police Station Dehat Vidisha. As the jeep was unknown and the number of which was not known, hence, no criminal case has been registered against the driver and the owner of the jeep.

(3.) The claimant filed the claim petition under Sec. 163-A of the Motor Vehicles Act for an amount of Rs. 14,90,000.00. It is alleged that on account of the accident, the claimant sustained grievous injury on his leg, right hand and on the chest and as per the medical certificate Ex. P-3, he became permanently disabled. The Claims Tribunal has awarded claim as stated in para one against which this appeal has been preferred by the claimant for enhancement of the award.