BABU SINGH Vs. MOHD IRFAN

JUDGEMENT

(1.) CLAIMANT being aggrieved of the award dated 26. 7. 95 passed by the Second Additional Motor Accidents claims Tribunal, Morena in Claim Case no. 111 of 1994, has filed this appeal under section 173 of the Motor Vehicles Act for enhancement of compensation.

(2.) THE brief facts leading to the appeal are that on 10. 5. 1993, the appellant Babu singh was travelling on his motor cycle bearing registration No. MP 06-7592 and was going towards his village Kot (Parosa ). He was sitting along with deceased Rajesh and Tej Singh on the motor cycle. Rajesh was driving the motor cycle and Babu singh was sitting as a pillion rider. When the motor cycle reached near Badhara Paul, one jeep bearing No. MBW 1676, which was coming from Gormi side being driven rashly and negligently, dashed the motor cycle, as a result of which, Babu Singh sustained severe injuries and fracture in his left leg. The matter was reported to the police Station, Porsa, where Crime No. 63/93 was registered and Babu Singh was referred to hospital for treatment. Thereafter, the claimant had filed petition for compensation.

(3.) IN the claim petition, the submission of the claimant was that because of the accident, he sustained severe injuries. He was aged 22 years at the time of accident. He remained hospitalised in Morena hospital for about 46 days and thereafter he was treated at Shri Ram Hospital, Agra. Four operations were performed. Grafting of bone was also done and his left leg became short by one inch. There were fractures in femur, tibia and fibula bones. It is stated that he was working as a tube well operator and was earning Rs. 20,000 per annum and was also doing the work of motor-winding and out of that he was earning Rs. 15,000 per annum. The Tribunal after considering the evidence, awarded a total compensation of Rs. 30,000 in all the heads. Aggrieved thereof, the claimant has filed the present appeal for enhancement of the compensation amount.