KALU RAM Vs. MOHAMMAD HUSSAIN

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as 'the Act of 1988') for enhancement of compensation has been filed by appellant Kalu Ram against award dated 20.02.1999, passed by Motor Accident Claims Tribunal, Bhilwara (afterwards referred as 'the learned Tribunal') in Motor Accident Claim Case No.403/1994, whereby the learned Tribunal has awarded a sum of Rs.30,000/- as compensation.

(2.) Brief facts of the case are that on 09.07.1994, when the appellant as pillion rider was going on scooter, a truck bearing registration No.RSE-876 being driven rashly and negligently by driver respondent No.1 hit the scooter, resultantly, Purshottam died and appellant & Bhanwarlal sustained injuries. Respondent Nos.2 & 3 are owner and insurer of the truck, respectively. As per averments made in the claim petition, the appellant sustained grievous injuries in his left leg and in right hand. After the accident, he was admitted in Mahatma Gandhi Hospital, Bhilwara from where he was referred for further treatment to SMS Hospital, Jaipur. There he remained hospitalized from 10.07.1994 to 07.08.1994, in between on 28.07.1994 he was operated upon for his fracture in left leg. As per the averments, on account of injuries, he is unable to perform his day to day work. Permanent disability has been caused to him for which, he will suffer for whole life. Appellant-claimant claimed Rs.6,04,000/- as compensation amount for the loss caused to him on account of the injuries sustained in the road accident.

(3.) After service of notice on respondent Nos.1 and 2, nobody appeared on their behalf and therefore, learned Tribunal proceed ex parte against them. Respondent No.3-Insurance company filed reply to the claim petition denying the averments made therein. The insurance company also raised objection that truck driver did not possess valid and effective driving licence at the time of accident.