LAWS(RAJ)-1980-1-17

DEVENDRA RAJ MEHTA Vs. KANWAR SEN

Decided On January 28, 1980
Devendra Raj Mehta Appellant
V/S
KANWAR SEN Respondents

JUDGEMENT

(1.) THIS appeal under Section 110(D) of the Motor Vehicles Act, 1939 has been filed by claimant Shri Devendra Raj, against the judgment and award dated 25th August, 1972 of the Motor Accidents Claim Tribunal, Jodhpur in Civil Misc. Case No. 14A/1969. The Tribunal has given an award of Rs. 10,000/ - as general damages and compensation and in this appeal, the appellant has peaved that the compensation as prated in the original application should be awaded by increasing the amount from 10,000/ - to 1,00,000/ -.

(2.) SHRI Kin war Sen owner of the truck, Satyanarain driver and Venguard Insurance Co. respondents have neither filed any appeal against this judgment nor they have filed any cross -objection in this appeal. Hence, they are satisfied with the judgment of the Tribunal In view of this, it is not necessary to mention facts in details However, the facts in nut shell are as under:

(3.) THE appellant had profuse bleeding, due to the injuries caused by this accident and became unconscious. He was then taken and treated In the Government hospital of Jodhpur, after the check up at Government hospital, Pokran, revealed tint the condition of the appellant became precarious, An operation was performed and then the appellant remained an indoor patient for 4 months first at Jodhpur and then in the Government hospital at Jaipur. The injuries suffered by the appellant as testified by Dr. Sethi were as under: