DALU RAM Vs. LUKMAN

JUDGEMENT

(1.) THIS appeal is directed against the Award dated 25. 1. 1994 passed by the Judge, Motor Accident Claims Tribunal, Balotra (hereinafter called "tribunal") in Civil Misc. Case No. 69 of 1989, for enhancement of the Award.

(2.) BRIEFLY stated the facts which are considered necessary and relevant for the decision of this appeal, are that on 3. 2. 89 at about 5 PM appellant Khemaram who on the relevant date was 7 years' of age and was student of 2nd Standard of Sharda Bal Niketan School, Balotra, was going to his house after the school hours on Balotra-Samdari road on its correct side of the road. At that relevant time, a Truck bearing No. RNJ 7169 came from behind and hit him resulting thereby that he sustained various injuries on his person, he fell down on the spot and became unconscious. It was the case of the appellant-claimants that the Truck in question was driven rashly and negligently by respondent No. 1 Lukman, who was under the employment of respondent No. 2, the owner of the Truck and the Truck was validly insured with respondent No. 3. The report of this accident was lodged at Police Station, Balotra. The police after usual investigation filed a challan against respondent No. 1 Lukman for the offences under Sec. 279, 337 and 338, IPC. He was taken to Government Nahata Hospital, Balotra for treatment where he was admitted and treated for 20 days and thereafter he was taken to Ahmedabad for better treatment. He was admitted for 8 days in V. S. Hospital, Department of Neuro Surgery. He was again taken to Government Nahata Hospital, where he admitted for 24 days and was under treatment at Balotra and Jodhpur for considerable long period. A claim was filed before the Tribunal under various heads including treatment expenses, which were incurred till filing of the claim and loss of earning for entire future span of life, loss sustained on account of attendants, boarding and loadging at Balotra, Ahmedabad and Jodhpur as also transportation charges, loss of income of his father as who remained on leave to attend him.

(3.) I have scanned, scrutinised and evaluated the evidence on record and considered the rival contentions.