DUNGAR RAM Vs. SIMBHU RAM

JUDGEMENT

(1.) On 27/6/1999, the sole appellant Dungar Ram was inside a bus bearing Registration No. RJ-21-P-0528. The driver was rash and negligent as a result whereof near Power House, Khinvsar, the Bus turned down and 15 persons including the appellant sustained injuries. The left-hand of the appellant got multiple fracture and ultimately, the left hand was amputated.

(2.) It is not disputed that the Bus was insured with the respondent-insurer for the period covering the date of accident. There is disability certificate at Ex.1 which shows that 85% disability was suffered by the appellant. The Doctor had noted that there was dis-articulation of left shoulder. For the incident aforesaid, an FIR was lodged with -Khinvsar Police Station bearing No. 61/1999 and after investigation, the police had submitted charge-sheet against the Driver of the offending Bus.

(3.) The Tribunal has made award of Rs.2,79,600.00 along with 9% interest against claim of 18,71,000/-. The appellant is not satisfied with the quantum of award made by the Tribunal vide impugned judgment dtd. 10/5/2004 passed in M.A.C.T. Case No. 468/1999.