MUKESH LODHA Vs. DURGA RAM

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the respondent no.3 insurance company. None has appeared for the respondent no.2, the owner of the offending vehicle, despite service.

(2.) The instant appeal has been filed by the appellant/ claimant seeking enhancement of the compensation awarded to him by the learned Judge, Motor Accident Claims Tribunal-I, Jodhpur vide judgment and award dated 26.9.2002 in Claim Case No.123/1998 whereby he was awarded Rs.5,65,000/- as compensation for the injuries received by him in a road accident as against a claim of Rs.57,99,000/-.

(3.) Facts relevant for the purpose of disposal of the instant appeal are noticed at the outset. On 1.12.1997, the appellant herein was going from Jodhpur to Ahmedabad in Bus No.RJ-22-P-0405 which was driven by Durga Ram (respondent no.1), owned by Bhika Ram (respondent no.2) and insured by The New India Assurance Co. Ltd. (respondent no.3). On the way, the driver drove the bus rashly and negligently and lost control thereof. Resultantly, at about 3 O' clock in the night, 5 kms. from Ambaji, the bus overturned causing injuries to a number of passengers. The appellant herein was injured seriously and was taken to Ambaji Hospital from where he was discharged after primary aid and was taken to Palanpur. At Palanpur, the appellant's right hand had to be operated because of the serious injuries received by him. He was referred to Ahmedabad where he remained hospitalised till 27.12.1997. The appellant's right hand had to be amputed due to the injuries suffered by him in the accident.