VIJAY SINGH Vs. IDDA ALIAS BIJASINGH

JUDGEMENT

(1.) IN M. A. No. 1990/05 the award which is under challenge is dated 31st March, 2005 passed in Claim Case No. 195/04, whereby the claim petition filed by the appellant Vijay was allowed and on account of the injuries sustained by him a sum of Rs. 7,500/- has been awarded as compensation. The prayer in this appeal is for enhancement of compensation. In M. A. No. 1652/05 the award which is under challenge is dated 1st April, 2005 passed in Claims Case No. 197/2004 by additional Member, MACT, Kukshi, District dhar, whereby in death case learned Tribunal has awarded a sum of Rs. 2,74,000/- as compensation. The prayer in M. A. No. 1652/05 is for enhancement. While M. A. No. 2311/05 has been filed by the respondent No. 3, wherein the prayer is that respondent No. 3 be exonerated.

(2.) SHORT facts of the case are that the claim petition was filed by injured Vijay Singh and legal representatives of the deceased Bhuru bhura Singh alleging that on 19th April, 2004 deceased Bhura Singh and Vijay were going in a truck bearing registration No. MP. 09-KB-5672 which was driven by respondent No. 1 rashly and negligently, owned by respondent no. 2 and insured with respondent No. 3, it was alleged that because of rash and negligent driving of respondent No. 1, the offending truck was turtle down with the result that appellants who were travelling in the said truck in the capacity of labourers sustained injuries and ultimately Bhura Singh died. It was prayed that the claim petition be allowed and compensation be awarded. The claim petition was contested by respondent No. 3 on various grounds, including the ground that the offending truck was a goods vehicle, therefore, respondent No. 3 Insurance Company is not liable for payment of compensation. It was prayed that respondent No. 3 be exonerated. After framing of issues and recording of evidence learned Tribunal allowed the claim petitions filed by the appellants and awarded a sum of Rs. 7,500/- on account of the injuries sustained by appellant Vijay and awarded a sum of Rs. 2,74,000/- on account of death of bhura Singh.

(3.) LEARNED Counsel for the appellants submits that in case of injury the amount awarded is grossly inadequate. Appellant Vijay sustained fracture in skull bone and also the head injuries. He was hospitalized from 5th may, 2004 to 13th May, 2004. Appellant has spent a sum of Rs. 1,340/- towards medical expenses. It is submitted that looking to the injuries sustained by the appellant who was a young man of 30 years the amount awarded is on lower side and the same deserved to be enhanced.