JAGDISH Vs. SHYAM SUNDAR

JUDGEMENT

(1.) THE appellant has preferred this appeal for enhancement of the award passed by the Motor Accident Claims Tribunal, Dabra.

(2.) BRIEFLY stated the facts are that on 3.12.1994 while the appellant Jagdish, whose left leg was already amputated, .was going on cycle alongwith his brother Ramkishan, with his crutches (Besakhi) was dashed by Fiat - Car No. MBW 185, as a result thereof he sustained serious -injuries. Ramkishan as well as Parmanand also sustained injuries in this accident. The appellant was admitted in the hospital on 3.12.1994 where he was treated. He was discharged on 11.12.1994. The report was lodged at Police Station Dabra by Feransingh, father of appellants Jagdish and Ramkishan. Crime No. 495/94 was registered for the offence under Sections 279 and 337 IPC against Shyamsunder Das, driver of the vehicle. Respondent No.2 Mohanlal is the owner of the vehicle, which is insured with respondent No.3 Insurance Company.

(3.) THE respondents filed the reply denying the claim. The learned Claims Tribunal, on the basis of material on record found that the accident occurred due to rash and negligent driving of the driver/respondent No.1, therefore directed that the respondents are liable to pay Rs. 42,000/towards compensation to the appellant Jagdish, whereas Ramkishan was directed to be paid Rs. 4,500/ - and claimant Parmanand was directed to be paid Rs.3,000/ -. The matter is considered in paras 28, 29, 30, 31 and 32.