(1.) -THIS appeal and M. A. No. 771 of 2000 arise out of common award passed by the Member, Motor Accidents claims Tribunal in Claim Case No. 44 of 1994; decided on 26. 8. 2000. M. A. No. 771 of 2000 is filed by the claimant Darshanlal arising out of the Claim Case No. 43 of 1994 for enhancement of compensation. As both these appeals arise out of the same accident, they are heard together and dis-posed of by this common judgment.
(2.) IN M. A. No. 768 of 2000, on the date of accident, i. e. , 27. 11. 1993 the claimant was working as cleaner on truck bearing no. MP 06-E 0024 and his salary was rs. 1,000 per month plus Rs. 30 daily diet allowance. On account of negligence of driver of truck bearing No. MP 06-E 0024, he sustained injuries and was admitted in the hospital from 29. 11. 1993 to 30. 11. 1993 and again from 17. 12. 1993 to 10. 1. 1994. His right leg was amputated from knee (amputated stump at femur ). The claimant ramesh filed Claim Case No. 44 of 1994 claiming compensation of Rs. 10,70,000 before the Motor Accidents Claims tribunal, Shivpuri.
(3.) M. A. No. 771 of 2000 is filed by the claimant Darshanlal and he was travelling in truck No. MP 06-6887 and the truck was driven by Mewalal. Subhash Singh, respondent No. 1, who was driving the truck bearing No. MP 06-E 0024 and on account of rash and negligent driving, the appellant received severe injury on his right leg and, therefore, filed claim petition under section 166 of the Motor Vehicles act, 1988 vide Claim Case No. 43 of 1994 claiming compensation of Rs. 4,50,000.
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