KESHARI SINGH Vs. ATUL KUMAR

JUDGEMENT

(1.) The appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 27/3/2002 passed by the Fourth Member, Motor Accidents Claims Tribunal, Vidisha in Claim Case No. 18 of 2001 for enhancement of compensation.

(2.) On 24/1/1999, the claimant Keshari Singh was going to Vidisha from Barbai. Near about 1 km from Barbai, claimant was dashed by a jeep bearing registration No. MP 02-3432. In the aforesaid accident he received fracture injuries in his left leg. He was taken to Kurbai Hospital, where he was referred to District Hospital Vidisha. Thereafter, claimant filed claim application before the Claims Tribunal claiming total compensation of Rs. 54,45,000.

(3.) The Claims Tribunal after appreciation of evidence has held that the accident occurred due to rash and negligent driving by the driver of the jeep bearing registration No. MP 02-3432, hence driver and the State of Madhya Pradesh, who is owner of the vehicle, are jointly and severally liable for payment of compensation. After considering nature of injuries, the Claims Tribunal awarded a total compensation of Rs. 5,000 in favour of the claimant.