OMPRAKASH KHANDELWAL Vs. RAKSHPAL SINGH

JUDGEMENT

(1.) Appellant-claimant has filed this appeal under Section 173 of the Motor Vehicles Act against the award dated 13th August, 2001 passed by Sixth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 16/98 for enhacement of compensation

(2.) On 4th September, 1997 the claimant had been going to his office on a scooter. At that time, he was dashed by a Tata 709 Mini truck, bearing registration No. UP-77- A3091. In the aforesaid accident claimant received serious injuries. A report of the accident was lodged at the Police Station Maharajpura. Police registered a criminal case against the driver of the Mini truck. The claimant was admitted at Military Hospital. Thereafter, he was referred to J.A. Hospital Gwalior. He was also treated at Military Hospital, Lucknow.

(3.) Claimant filed a claim application before the Claims Tribunal claiming a total compensation of Rs. 11,45,000/- The Claims Tribunal, after appreciation of evidence on record, has held that accident occurred due to rash and negligent driving by the driver of the Mini truck. The offending truck was insured at the relevant time by Insurance Company, respondent No.3, hence, the driver and owner of the offending Mini Truck and Insurance Company are jointly and severally liable for payment of compensation. After considering the nature of injuries suffered by the claimant, the Claims Tribunal awarded a compensation of Rs. 34,000/- to the claimant.