VISHAL SINGH Vs. SHAILENDRA SINGH

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 173 of the Motor vehicles Act, 1988 against the award dated 23-12-2003, passed by the First additional Motor Accident Claims Tribunal, Gwalior, in Claim Case no. 47/2002.

(2.) THE appellant had been working as driver of a truck bearing registration No. M. P. 09-KA-2751. On 15-11-2000, when he had been driving the truck and coming from Indore to Mugawali, another truck bearing registration No. H. R.-38-E-5921, driven rashly and negligently, dashed the truck of the appellant. In the aforesaid accident, the appellant received serious injuries. The report of the accident was lodged at the Police Station dharnawada and a criminal case vide Crime No. 209/2000 was also registered. The appellant was treated various times at J. A. Hospital, Gwalior, ultimately his right leg above knee level, was amputated. The appellant filed a claim application claiming total compensation of Rs. 11,00,000/ -.

(3.) THE learned Claims Tribunal has held that the accident occurred due to rash and negligent driving of the driver of the offending truck, hence, the respondents are liable for payment of compensation. The Claims Tribunal further fixed the income of the appellant Rs. 3,000/- per month and awarded a total compensation of Rs. 3,00,000/- on all the heads.