VIJENDRASINGH Vs. MUJAFFAR HUSSAIN

JUDGEMENT

(1.) This is an appeal under S.110-D of the Motor Vehicles Act, 1939 by the claimant for enhancement of the amount of compensation awarded by the Claims Tribunal. The respondent 3 the Oriental Fire and General Insurance Co. Ltd. has preferred a cross-objection and has made a prayer for setting aside the entire award.

(2.) It was alleged that on 23-02-1985 at about 10.00 a.m. the appellant was going on his motor bike towards police Line on the Police Line Road, Jhabua. He was on his left side and was going slow. In the meanwhile. Jeep No. MPU 1306 belonging to the respondent 2 Madhya Pradesh Electricity Board, driven by the respondent 1 Muzaffar Hussain and insured with the respondent 3 the Oriental Fire and General Insurance Co. came in great speed from the opposite direction and dashed against the motor bike of the appellant, resulting in fracture below his right knee. He accordingly filed a claim petition for compensation to the tune of Rs. 1,50,000/-. The respondents resisted the claim. After trial, the Claims Tribunal was pleased to award a compensation of Rs. 30,000/- with interest at the rate of 12 per cent per annum from the date of application, which has given rise to the said appeal and the cross-objection.

(3.) Having heard the learned counsel for the parties, we have reached to the conclusion that there is no merit in the appeal filed by the appellant or in the cross-objection preferred by the respondent 3.