PRASHANT SAGAR Vs. MUKESH

JUDGEMENT

(1.) THE appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 4.10.2008 passed by the First Additional Motor Accidents Claims Tribunal, Gwa- lior, in Claim Case No. 54 of 2007, for enhancement of compensation.

(2.) ON 12.1.2007 the claimant had been going to Agra from Morena. At Dholpur Bus Stand, when the claimant had alighted from the bus, at that time he was hit by a truck bearing registration No. MP 06-OE 4219. In the aforesaid accident he received serious injuries. Report of the accident was lodged at the Police Station Nihalganj, District Dholpur and the police registered an offence under sections 279 and 337 of Indian Penal Code vide Crime No. 23 of 2007 against the driver of the aforesaid truck. The claimant was admitted in a private hospital and thereafter he was referred to Sir Ganga Ram Hospital, New Delhi and from there he came back to Sahara Hospital, Gwalior, where his left leg has been amputated from below knee. Subsequently, claimant filed claim application before the Claims Tribunal claiming total compensation of Rs. 14,50,000.

(3.) CONTRARY to this, learned counsel for the insurance company has submitted that the Tribunal has rightly held that there is 50 per cent permanent disability to the claimant. In support of his contentions, learned counsel relied upon the following judgments: