CHANDRA PRAKASH JAISWAL S/O NARESH PRASAD BHAGAT Vs. BRAJESH KUMAR CHOUDHARY S/O KRISHNADEO CHOUDHARY

JUDGEMENT

(1.) THE present appeal under Section 173(1) of the Motor Vehicle Act, 1988 (hereinafter referred to as the "M.V. Act") has been preferred against the judgment and award dated 28/10/2009 and 6/11/2009 respectively passed by learned 1 st Additional District Judge cum Motor Vehicle Accident Claim Tribunal, Bhagalpur (hereinafter referred to as the "Claim Tribunal"), in Claim Case No. 70 of 2003. It has been claimed that the Claim Tribunal has awarded meager amount of compensation. Accordingly, the appellant has filed this appeal for enhancement of the compensation amount. The appellant in the claim case had claimed total compensation amount of Rs. 10,19,000/ -, whereas, the Claim Tribunal has awarded compensation amount of Rs. 1,11,068/ -. Besides the said amount the insurance company was also directed to pay Rs. 15000/ - towards medical expenses, Rs. 6000/ - towards loss of income and Rs. 25,000/ - toward physical pain and sufferings due to injuries suffered by the appellant. The compensation amount was directed to be paid with pendente lite interest at the rate of 9% per annum.

(2.) SHORT fact of the case is that in a motor vehicle accident, which had occurred on 2.10.2001 at about 9.15 p.m., within the jurisdiction of Kahalgaon Police Station, the appellant received multiple injuries and his left leg was fractured and he received serious injuries on his face. Besides this his intestine was also fractured. After the accident an F.I.R. vide Kahalgaon P.S. Case No. 284 of 2001 was registered against the driver of the jeep for the offence under Section 279 , 337 and 338 of the Indian Penal Code. It was alleged that due to rash and negligent driving by the driver of the jeep bearing Registration No. BR106990 (hereinafter referred to as "Offending Vehicle") the motor cycle which was being driven by the appellant with pillion rider was dashed.

(3.) THE appellant filed a claim case under Section 166 of the Motor Vehicle Act numbered as Claim Case No. 70 of 2003 in the court of District Judge cum Motor Accident Claim Tribunal, Bhagalpur. The claimant in the claim petition disclosed that at the time of accident he was aged about 22 years and he was a business man and his monthly income was Rs. 4,500/ -. As per the claim case on 2.10.2001 the appellant along with his colleague was going from Kahalgaon to N.T.P.C. by a motor cycle and when he reached near Murkatiya Chawk the offending jeep, which was being driven rashly and negligently, dashed the motor cycle of the appellant. In the said accident besides the appellant, who was driving the motor cycle, pillion rider also received serious injuries. Thereafter they were brought to the clinic of one Dr. Digambar Prasad Singh. Since injuries on the person of the appellant was grievous in nature, after giving first aid the concerned doctor referred the appellant to Patna for immediate medical facility. On the basis of fardbyan of pillion rider namely Sri Arun Prasad Sah an F.I.R. vide Kahalgaon P.S. Case No. 284 of 2001 was registered on 3.10.2001 for the offence under Section 279, 337 and 338 of the Indian Penal Code against the driver of the offending vehicle. After the appellant was referred from Kaghalgaon to Patna the appellant was treated at Patna in Dr. Hai Clinic And Research Institute, Patna. During investigation by Dr. Hai it was found that intestine of the appellant had burst inside below the stomach and there was huge hemorrhage of the blood in the stomach. Accordingly, surgery was done and intestine was repaired.