RAJENDRA SHARMA Vs. JAYA RAM & ORS

JUDGEMENT

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

(2.) Instant civil misc. appeal has been filed by the claimant/appellant under Section 173 of the Motor Vehicles Act for enhancement of the impugned award dated 28.10.2005 passed by the Judge, Motor Accident Claims Tribunal and Special Judge for SC/ST Cases, Alwar, in claim case No.75/2005, whereby the Tribunal has partially allowed the claim petition filed by the claimant/appellant and granted a total sum of Rs. 1,25,000/- as compensation in favour of the claimant/appellant.

(3.) The brief facts, as emerging on the face of record, are that on 5.11.2001 at about 1:30 P.M. near border of Banas Dam N.H. No.14, the claimant was second driver of Vehicle R.J.02/G-6102 and that vehicle was being driven by the main driver on his left side in right direction in controlled speed, at that time a bus bearing No. R.J.-21/P.-0454, which was being driven by driver Sabbir Khan with high speed and in rash and negligent manner tried to overtake the claimant's vehicle truck and caused accident from front side due to which the truck was damaged and the claimant, who was in the truck sustained serious injuries. Report bearing No. 165/2001 of the incident was lodged at Police Station, Sarupganj, District Sirohi and after investigation driver of the Bus Sabbir Khan was found guilty but on account of death of Sabbir Khan in the accident, the police filed F.R. in this case. The accident took place due to rash and negligent driving by Bus driver Sabbir Khan. The owner of the bus was respondent No.1 and it was insured with respondent No.2 and the accident took place during the period of insurance of the offending vehicle. It was averred that though the driver of the truck was not responsible for the said accident but the truck was involved in the accident, therefore, the owner and insurance company of the truck were also impleaded as respondents Nos. 3 & 4. It was averred in the claim petition that at the time of accident, the age of the claimant was 27 years and he was employed under Babulal Sharma and he was getting monthly salary of Rs.5000/- and Rs.50/- per day for the diet in addition to this he was 50% partner in the income earned from the said truck on account of which he was earning Rs.8000/- per month additionally. It was claimed that at the time of the accident the monthly income of the claimant was Rs.14,500/- and he was not an income tax payer. It was alleged that on account of the accident the claimant suffered fracture in his right thigh and sustained grievous injuries on different parts of his body and his watch was lost, cloths and shoes were damaged on account of which he incurred loss of Rs.25,000/-. It was averred that from the date of the accident he remained under treatment due to which he incurred Rs.1,50,000/- on his treatment and in future also he has to incur Rs.1,00,000/- for the treatment. On account of this accident, the claimant claimed total amount of Rs.68,05,000/- on different heads as total compensation with interest @ 18% p.a. from the date of filing of the claim petition.