SANJAY BATHAM Vs. MUNNALAL PARIHAR

JUDGEMENT

(1.) This appeal has been filed by appellant under section 173 of the Motor Vehicles Act, 1988 against an award dated 4.7.2008 passed by learned Eighth Motor Accidents Claims Tribunal, Gwa- lior in Claim Case No. 139 of 1996 for enhancement of award.

(2.) On 9.5.1996 appellant along with his friend was going on a scooter from Gola Phadiya, Gwalior to Nehru Petrol Pump. Near A.B. Road a truck bearing registration No. MKH 7787 dashed appellant. In the aforesaid accident appellant received serious injuries on his right shoulder and head. Report of the accident was lodged at Police Station, Gola Phadiya and subsequently at Police Station, Janakgaj vide Crime No. 292 of 1996. After investigation police registered case under sections 279 and 337 of Indian Penal Code against the driver of the vehicle and charge-sheet was filed before the criminal court. Appellant was admitted at Madhav Dispensary, he was referred to J.A.H. Hospital for neurosurgery because there was fracture in the head of the appellant. Hence the operation was performed. As per appellant due to the aforesaid accident his half body has been paralysed. The appellant filed claim application claiming a total compensation of Rs. 4,20,000. Claims Tribunal has held that the accident occurred due to rash and negligent driving by the driver of the truck. Truck was insured by respondent No. 3 insurance company, hence driver, owner and insurance company are liable for payment of compensation and awarded total compensation of Rs. 25,000.

(3.) Learned counsel for the appellant has submitted that the Tribunal has not considered the medical report and other aspects of the case and awarded less compensation. In support of his contention, he relied on the judgment of this court reported in Oriental Insurance Co. Ltd. v. Mani Ram, 2003 ACJ 1181 (MP).