RAJENDRA DUBEY Vs. MADANLAL

JUDGEMENT

(1.) THE appellant/claimant has directed this appeal for enhancement against the award dated 22.1.1998 rendered by II MACT Barwani in Claim Case No. 1/98 thereby awarding Rs. 25,000/ - compensation together with interest at the rate of Rs. 12% p.a. from the date of filing of the petition till realisation in favour of the appellant and against the respondent.

(2.) BRIEFLY stated the facts of the case are that on 24.10.1997 the appellant Rajendra Dubey alongwith his companion Vikramsingh was going on the motor cycle bearing registration No. MP/11 A/9546 from Barwani to Nisarpur at the same time, near village Chikhalda they met with an accident due to dash given by bus bearing registration No. MPU 4075 causing grievous injuries to the appellant and his companion. The appellant filed a petition before II MACT Barwani for grant of compensation under Section 166 of the MV Act claiming Rs. 5 lac compensation against the respondents. The tribunal on consideration, partly allowed the petition filed by the appellant and awarded compensation in favour of the appellant as indicated above. Aggrieved by the quantum of compensation as awarded by the tribunal, the appellant has filed this appeal for enhancement of the compensation.

(3.) IN oppugnation, the counsel for the respondents, supported the impugned award and submitted that in view of the injuries sustained by the appellant, the compensation awarded by the tribunal is just and proper requiring no interference in this appeal.