LACHCHIRAM Vs. MPSRTC

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant against the award of the Claims Tribunal, Shivpuri dated 24.7.1996 seeking enhancement of the quantum of compensation for the injuries sustained by the claimant in a motor accident.

(2.) IT is not in dispute that the claimant was posted on duty as security guard from the police department on the bus of MPSRTC going from Bhind to Shivpuri. In the course of journey, on the way the bus turned turtle and many passengers including the present claimant sustained injuries. According to the claimant, in the accident he suffered fracture of back bone and his two teeth were broken. He was hospitalised and after treatment was discharged, but according to him the injuries resulted in permanent physical disability. He claimed special damages for reimbursement of medical expenses and general damages for pain and suffering and loss of prospects in service.

(3.) THE learned counsel Shri N.D. Singhal appearing for the claimant cited at the Bar a few cases in support of his claim that for fracture of back bone and loss of two teeth, a sum of Rs. 50,000/ - each should have been awarded as compensation. It is also stated that interest on the amount awarded should have been granted from the date of claim instead of from the date of award only.