SHATRUDHAN SINGH KUSHWAHA Vs. RAJKUMAR JHA

JUDGEMENT

(1.) None for other respondents though served and represented. This Misc. Appeal under Section 173 of Motor Vehicles Act, has been filed by the Insurance Company against the award dated 6-8- 2009 passed by Motor Accident Claims Tribunal, Gwalior in Claim Case No. 20/09 for enhancement of award.

(2.) The necessary facts for the disposal of the present appeal in short are that the respondent no.1 was driving the offending bus bearing registration No. MP 30-E-1008, which was owned by the respondent no.2 and insured by respondent no.3.

(3.) The uncle of the appellant, namely Sanju Singh Rawat had lodged the F.I.R., Ex. A-2, in which it was mentioned, that he and the appellant were travelling in the offending bus. The respondent no.1, by driving the bus in a rash and negligent manner, crossed the tractor from such a close range, as a result of which, the right hand of the appellant got amputated above the right elbow. In the evidence before the Claims Tribunal, it is the case of the appellant, that the respondent no.1 had dashed the tractor, as a result of which the right hand of the appellant, above the elbow got amputated.