KAILASH Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Mr. Manish Jain, counsel for the appellant. Mr. P.K. Gupta, counsel for respondent No. 1. Other respondents absent. The appeal is being decided against them ex pane.

(2.) The appellant is hereby assailing correctness, propriety and legality of the award passed by the M.A.C.T., Kukshi, Distt. Dhar, in Claim Case No. 105 of 1994 wherein the appellant has been granted compensation to the tune of Rs. 32,000 in all recoverable from the respondents jointly and severally with interest at the rate of 12 per cent per annum from 27.6.1994. Cost of litigation has been also awarded at Rs. 500.

(3.) On 17.5.1994 at 7.30 p.m. the appellant was going to Silkuwa from Talanpur by riding on bicycle and when he was near Hanuman Temple, respondent No. 2 who was driving truck bearing No. GRN 4859 dashed him by driving it rashly and negligently. On account of said accident the appellant sustained fractures of scapular bone as well as on some ribs. He submitted a petition for claiming the compensation from the respondents. The Tribunal after recording evidence and appreciating it passed the award which has been mentioned above.