BHANWAR LAL SHARMA Vs. MOHAMMAD HUSSAIN

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as 'Act of 1988') for enhancement of compensation has been filed by appellant Bhanwar Lal against the award dated 20.02.1999 passed by the Motor Accident Claims Tribunal, Bhilwara (afterwards referred as 'Tribunal') in MAC Case No.432/1994, whereby, the Tribunal has awarded a sum of Rs. 40,000/- as compensation.

(2.) Brief facts of the case are that on 09.07.1994 when the appellant, as a pillion rider, was going on a Scooter, a Truck bearing registration No. RSE-876, being driven rashly and negligently by its driver respondent No. 1, hit the Scooter, resultantly Purshotam died and the appellant & Kaluram sustained injuries. Respondent Nos. 2 and 3 are owner and insurer of the Truck respectively.

(3.) As per the averments made in the claim petition the appellant sustained grievous injuries, for which, he was referred from M.G. Hospital, Bhilwara to S.M.S. Hospital, Jaipur, where appellant remained hospitalized from 18.07.1994 to 20.08.1994. During the said period, the appellant was operated twice for the fracture in his left leg. A sum of Rs. 2,15,000/- has been claimed as compensation in the following heads:-