R S R T C Vs. JAGDISH YADAV

JUDGEMENT

(1.) THESE three appeals arise out of the same judgment of the Motor Accident Claim Tribunal, Udaipur, therefore, they are being disposed of by a common judgment.

(2.) THE Motor Accident Tribunal while dealing with the accident in question dealt with different petitions. Appeals in question relate to accident Claim No. 366/92 and 367/92. THE Tribunal after consideration of the material on record came to the conclusion that in Claim No. 366/92, injured Jagdish Yadav had received various injuries. His 3rd, 4th, 5th, 6th and 9th rib was fractured. THEre was also a fracture of clevical bone of the right side. Right hand also got fractured. In the background of these fractures, the Tribunal awarded the claimant Rs. 85,000/ -.

(3.) THE learned Single Judge of this court has observed in case of the injuries sustained by Jagdish Yadav that the claimant has sustained multiple fractures. THE injured has been hospitalised for a good number of days and the number of fractures necessarily required his absence from business. That being the position, the learned Single Judge was of the opinion that the judgment of the Tribunal does not require interference. THE amount awarded was not considered to be unreasonable and the Tribunal refused to interfere in the matter. THE corporation has asserted that the claim is on the excessive side. As the facts are obtaining on record. THEre are multiple fractures of the ribs. Hand and clevical has also been fractured. THE agony and absence from the work, if judged, from the point of view of the victim then a sum of Rs. 85,000/- does not appear to be a sum which is on the higher side. This court feels that the amount awarded by the Tribunal was reasonable and the view taken by the learned Single Judge in this regard is not liable to be disturbed, more particularly, in a Special Appeal. In view thereof, the appeal filed against the award in favour of Jagdish Yadav as maintained by the learned Single Judge has no force and is hereby dismissed.