NIZAMUDDIN Vs. RAJENDRA AND ANR.

JUDGEMENT

(1.) SINCE both the aforesaid appeals arise out of the judgment and award dt. 15.9.2003 passed by Tribunal, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 16.9.2000 the claimant was going by a Jeep from Bundi towards Hindauli. At about 7.00 PM when this Jeep reached near Sachdeva Hotel on a National Highway No. 12, a Bus No. RJ -20 -P -4260 being driven rashly, negligently and with excessive speed by its driver respondent no. 1 came and hit the Jeep, as a result of which the claimant sustained injuries.

(2.) THEREAFTER claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 88,000/ - in favour of claimant and against the non claimants.

(3.) LEARNED counsel for the claimant has contended that the Tribunal has manifestly erred in awarding merely a sum of Rs. 88,000/ - to the claimant -appellant. It was proved by unrebutted evidence that the claimant by doing repairing of tyres and tubes used to earn about Rs. 4000/ - per month prior to the accident. He sustained serious injuries all over especially on his body, specially on his right elbow, shoulder, hip bone and knee. There were fractures at two places on his right femur bone. He remained admitted in hospital for about 1 1/2 months and after that for about 6 months he remained confined to bed under treatment. During the prolonged treatment, he incurred expenses on medicines, hospitalization, doctor's fee, transportation and attendants etc. and nourishing diet. His right (Sic elbow) has been shortened by 1 1/2 inches. He has got limping while walking and feels pain in squatting and sitting cross legged. He has got a permanent disablement of 17% Because of three difficulties and permanent disablement, the claimant is not able to do his work and is not able to earn any thing after the accident. Hence, the impugned award deserves modification.