RAJEEV JAJODIYA Vs. JITENDRA KUMAR SHARMA

JUDGEMENT

(1.) Appellant-claimant has filed this appeal for enhancement of the compensation awarded vide award dated 11.7.1995 passed in Claim Case No. 31 of 1991 by Vllth Motor Accidents Claims Tribunal, Bilaspur.

(2.) The appellant aged 21 years, a student of Engineering College, was going on his Luna on 7.12.1989, which was dashed by bus No. MKL 6163, driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No. 3. The appellant fell down and received severe injuries while his Luna was dragged by the bus for a long distance. As a result of multiple severe injuries, the appellant suffered traumatic paraplegia, resulting in physical permanent disability of 100 per cent. The Tribunal after holding that the accident was caused due to sole negligence of the bus driver awarded compensation of Rs. 1,70,000 with interest thereon at the rate of 12 per cent per annum from the date of application, i.e., 4.5.90 till deposit.

(3.) Learned counsel for the appellant placing reliance on the decision of the Supreme Court in R.D. Hattangadi v. Pest Control (India) Pvt. Ltd., 1995 ACJ 366 (SC) and Nagesha v. M.S. Krishna, 1998 ACJ 467 (SC), submitted that as the appellant has become completely crippled, the Tribunal ought to have awarded the compensation in full of Rs. 6,00,000 as claimed by the appellant.