DHEER SINGH Vs. RAVI KUMAR

JUDGEMENT

(1.) THIS appeal is directed by the appellant/claimant under Section 173 of the motor Vehicles Act,1988 (in short `the Act') for enhancement of the awarded sum and also for saddling the liability against the respondent No. 2/insurer to indemnify the claim, being aggrieved by the award dated 27. 4. 2000 passed by the IInd m. A. C. T. Mandla in Claim Case No. 58/99, whereby exonerating respondent no. 2/insurer, his claim regarding injuries sustained in the vehicular accident has been awarded against respondent No. 1 and 3 only for the sum of Rs. 33464/-along with interest at the rate of 11% P. A from the date of filing the claim petition.

(2.) THE facts giving rise to this appeal in short are that on 11. 6. 98, the appellant along with some other persons was travelling in a vehicle bearing registration no. MP-20-E-9779. The same was driven by respondent No. 3 in a rash and negligent manner, resultantly it met an accident, in which, the appellant sustained grievous injuries in his left leg resulting in permanent disability.

(3.) AS per further averments, after sustaining the injuries in the alleged accident, he was taken to the hospital, where his MLC report was prepared. On receiving the information at Police Station Bichhiya, an offence was registered against the respondent No. 3 and after holding the investigation, he was charge-sheeted for the offence under Section 279,337 and 338 of the IPC. The aforesaid vehicle was registered in the name of respondent No. 1 while the same was insured with respondent No. 2. In such premises, the appellant has preferred his claim for the compensation of Rs. 4,10,000/- along with interest on it at the rate of 18% P. A.