EXECUTIVE OFFICER MUNICIPAL Vs. BHINWA RAM

JUDGEMENT

(1.) EVEN though this appeal was filed by the Municipal Board, Jhunjhunu against the claimant -respondent for setting aside the award dated 22.7.1995 passed by the Motor Accidents Claims Tribunal, Jhunjhunu whereby an amount of Rs. 87,977.80 had been awarded to the claimant -respondent because of serious injuries suffered in accident occurred on 10.4.1989 when the fire engine No. RJP 6733 had knocked down the claimant, but the notice was issued for enhancement. The claimant -respondent had sustained injuries on the left leg. He remained in the hospital for about more than a month and suffered a permanent disability. His left leg was amputated. The appeal was admitted, however, at the time of its hearing on 4.10.2000, notice was issued to appellant itself to argue as to why the compensation be not enhanced.

(2.) CLAIMANT -respondent had suffered injuries because of the accident with fire engine on 10.4.1989, being driven by Jag -dev Kumar and belonging to the Municipal Board, Jhunjhunu. He was hit from behind. There was compound fracture on the leg. He was aged about 55 years.

(3.) INJURED himself appeared as witness and narrated the facts stating therein that when he reached Shekhawati Hospital, a truck No. RJP 6733 came in a reckless manner. The truck hit him from behind when he was walking on the kacha portion of the road. Govindram PW 2 and Dilip had taken him to the hospital. Operation was conducted on his leg and amputation was done. Similar was the statement of PW 2 corroborating the claimant's case.