BANWARI LAL Vs. SATISH KUMAR

JUDGEMENT

(1.) The appellant has preferred this appeal under section 173 of the Motor Vehicles Act against the award dated 6.4.1998, passed by 8th Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 47 of 1997, rejecting the application filed under section 140 of the Motor Vehicles Act for grant of 'no fault liability'.

(2.) The facts of the case are that on 16.6.1997, at about 10.30 in the night while the appellant was standing with his family members, i.e., his wife Reeta Devi, daughter Sharda and son Diwan near the side of the road for going to his house on a scooter, from Basant Talkies to Morar, at that time from the Morar side a jeep bearing registration No. MPO-7/E, rashly and negligently driven by respondent No. 1 Satish Kumar, owned by respondent No. 2 Harcharan and insured with respondent No. 3, came and dashed as a result of which the appellant, his wife and daughter sustained serious injuries.

(3.) The injured persons were immediately admitted to the Casualty Department of Madhav Dispensary by the persons who were present at the spot, at the time of accident. It is stated that during treatment, the wife of the appellant died, due to the injuries sustained in the accident. So far as appellant is concerned, the doctor examined him and found compound fracture of tibia and fibula bones of the left leg. The doctor also found serious injuries on the different parts of the body. The ribs of the appellant were also found to be fractured. Therefore, the appellant was required to be admitted in Orthopaedic Ward where the X-ray was conducted and the plaster was applied. The appellant was also admitted in the Military Hospital at Morar, where he took the treatment from 17.6.1997 to 20.6.1997. Thereafter, he was admitted in a private nursing home of Dr. Anupam Gupta. Dr. Anupam Gupta reexamined the appellant. The operation of the left leg was conducted and the appellant got treatment there continuously from 21.6.1997 to 29.6.1997 and incurred Rs. 25,000 towards medical expenses.