PRAHLAD Vs. MUSHTAQUE

JUDGEMENT

(1.) THIS is claimant's appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation awarded by Award dated 20.12.1996 by the Addl. Member, M.A.C.T. Manawar, District Dhar in Claim Case No. 65 of 1994.

(2.) UNDISPUTEDLY the facts of the case are that the appellant-claimant is aged about 25 years and working as a Sweeper in the Nagar Palika, Manawar. On 27.12.1993, at about 7.00 p.m., on the bridge of Man Nadi, the bus bearing registration number CIH-7771 belonging to respondent No. 2 - Corporation and being driven by respondent No. 1 driver Mushtaque rashly and negligently dashed the appellant from his back side, appellant received injuries in the elbow of the left hand, shoulder, left eye, right hand, palm, back and head. Thereafter he was taken to Government Hospital Manawar, After putting 12 stitches in the left hand, he was referred for further treatment to Government Hospital, Dhar. He was admitted for seven days in Dhar Hospital. X-ray was taken and fracture in the left hand was detected. Ex. P/9 is the disability certificate issued by Dr. S.L. Gupta, Assistant Surgeon working in Bhoj Hospital, Dhar who was also examined as P.W. 3 before the Tribunal and as per the statement of Dr. Gupta, because of the injury in the left hand, the left hand of the appellant became permanently disabled and the percentage of the disablement is about 50%. As per the statement of the appellant P.W. 1, he could not work for six months, he spent Rs. 10,000/-,on medicines and treatment and he is not able to work with his left hand. The appellant had filed a case for compensation of Rs. 3,70,600/-. The learned Member of the Tribunal awarded only a sum of Rs. 10,000/- as a total compensation in all heads.

(3.) LEARNED Counsel for the respondents supported the award and submitted that the award is justified and there is no scope for any enhancement on the ground that the appellant has submitted the medical bills only for Rs. 839.00 and there is no other evidence for other expenditure on treatment.