KRISHNA Vs. MANSINGH AND OTHERS

JUDGEMENT

(1.) By this appeal under Section 173(1) of the Motor Vehicle Act, 1988 the claimant has challenged the award dated 7.11.2014 passed in Claim Case No.233/12 granting compensation of Rs. 42,500/- along with the interest @7% from the date of filing of the claim. The appellant is seeking enhancement of the compensation amount.

(2.) The appellant has filed the claim petition before the tribunal with the plea that on 11.8.2011 in the evening when the appellant was taking his bicycle for getting the puncture repaired, the accident was caused by rash and negligent driving of the loading Tata Magic No. MP09-LP-1548 which was driven by the respondent No.1, owned by respondent No.2 and insured with the respondent No.3. It was further pleaded that in the accident the appellant had suffered the fracture of right humerus bone and had remained hospitalized and could not work for about 3 months, therefore, the compensation of Rs. 6,35,000/- was claimed. Respondents No.1 and 2 had remained ex parte before the tribunal and the respondent No.3/Insurance Company by filing the reply had denied the averment made in the claim petition by raising the plea that there was no effective and valid driving licence with the respondent No.1.

(3.) The claims tribunal after examining the evidence on record has found that the vehicle loading Tata Magic No.MP09-LP-1548 was driven in rash and negligent manner by the respondent No.1, by which the accident was caused on 11.8.2011 in the evening resulting into the injuries to the appellant. The claims tribunal found that the appellant had not suffered any permanent disability and also that there was no violation of the policy condition. Accordingly the claims tribunal awarded a sum of Rs. 30,000/- under the head of medical expenses, Rs. 7,500/- towards attender charges, transportation and special diet and further Rs. 5,000/- under the head of mental and physical suffering. Thus an award of Rs. 42,500/- has been passed in favour of the appellant.