MOHAMMAD IRSHAD Vs. SAMRATHSINGH

JUDGEMENT

(1.) This is an appeal filed by the claimant-injured against the award dated 8-7-1986 made by the First Addl. Motor Accidents Claims Tribunal, Indore in Claim Case No. 88/80 whereby the learned Tribunal has awarded a total compensation of Rs. 10,650/- together with interest @ 12% per annum from 1-5-1980, the date of the claim petition till realisation.

(2.) The material facts giving rise to this appeal, briefly stated, are as follows : - On 14-11-1979, at about 9.00 p.m. while the claimant who is aged 16 years, was going on a bicycle from Palasia-chouraha towards Regal Talkies on M. G. Road, Indore, a motor cycle bearing registration No. CPF 5941 belonging to the respondent No. 1 and being driven by respondent No. 2 rashly and negligently dashed against the claimant's bicycle with the result that the claimant was thrown away sustaining injuries on the head, body and limbs and fell unconscious. The claimant-injured was admitted in the M.Y. Hospital for treatment during the period between 14-11-1979 and 21-11-1979 and again during the period between 17-12-79 and 21-12-1979. The claimant suffered a permanent disability to the extent of 2.5 per cent as a result of injuries, as has been estimated by Dr. Chari (AW-2).

(3.) On a claim petition having been filed by the appellant-claimant, the learned Tribunal, on appreciation of evidence adduced in the case, found that the accident resulting in the injuries to the claimant, occurred due to rash and negligent driving of the motor cycle in question by respondent No. 2. As regards compensation, the learned Tribunal found the claimant entitled to a sum of Rs. 9,500/- as compensation for pain and suffering and disability suffered, Rs. 1,000/- as expenses incurred for treatment and Rs. 150/- for repairs of the bicycle damaged on account of the accident.