KESHAV SINGH Vs. ANIL KUMAR SAHU

JUDGEMENT

(1.) Appellant has filed this appeal against the award dated 12th December, 2001 passed by Sixth Additional Motor accident Claims Tribunal, Gwalior in Claim Application No. 12/2000, for enhancement of the amount of compensation.

(2.) On 14th December, 1999 the appellant was travelling in a Jeep from Mehgaon to Gwalior. When they reached near Bharat. Market, Malanpur, a dumper bearing registration No. MP-7-G-3334 driven rashly and negligently dashed the Jeep. In the aforesaid accident the jeep turned turtle and the appellant received serious injuries. A report of the accident was lodged at the police station and an offence was registered vide crime No. 188/99 under Sections 279, 337 and 338, IPC against the driver of the offending vehicle. The appellant was admitted at Chandak Hospital, Gwalior where he was operated and a rod was inserted in his left leg. As per appellant his injury was not cured and three operations were performed. There was shortening of his leg.

(3.) Subsequently, appellant filed a claim application before the Claims Tribunal claiming a total compensation of Rs. 6 lacs. The Claims Tribunal has held that the accident occurred due to rash and negligent driving of the dumper by the driver. The offending vehicle was insured by respondent No.3, Insurance Company and awarded a total compensation of Rs.1,45,000/-.