KISHORE KUMAR Vs. HANUMAN SAHAI & ORS

JUDGEMENT

(1.) Heard finally with the consent of counsel for the parties.

(2.) Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award dt.05/01/2006 passed by the court of Additional District Judge (Fast Track) No.8, Jaipur City, Jaipur (hereinafter referred to 'Tribunal') in claim case No.774/2005 by which a compensation to the tune of Rs.1,53,454/- has been awarded to the claimant-appellant.

(3.) The brief facts, as emerging on the face of record and gathered after hearing counsel for the parties, are that on 14/04/2003, while the claimant-appellant, was carrying items relating to 'Sawamani' in Truck bearing No.RJ-14-1-G-0740 and going from his residence to village 'Samode', another Truck, bearing No.HR-47-7529, which was coming from Chomu and being driven by its driver in a rash and negligent manner and from a wrong side, hit the truck in which the claimant-appellant was sitting as a result of which Sita Ram and Suresh died, who were travelling alongwith claimant-appellant, while the claimant-appellant sustained serious and grievous injuries on his body and was admitted in a hospital and thereafter in SMS Hospital, Jaipur where his right hand was amputated. It was claimed that at that relevant point of time, the claimant-appellant was aged about 18 years and was working with one M/s. Laxmi Maruti Service Center and getting an amount of Rs.5,000/- per month on account of the fact being a motor mechanic. However, on account of his hand being amputated, moreover, the right hand, it was contended that he would be unable to do anything with the hand which is most important and vital part of the body.