ABHAY KUMAR Vs. DEVI LAL

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the Motor Accidents Claims Tribunal (District Judge), Tonk, dated 28.11.1990 by which the claimant -appellant has been awarded Rs. 10,000/ - as compensation with interest at the rate of 12 per cent per annum from the date of institution of the claim petition.

(2.) THE facts of the case giving rise to the claim petition may be summarised thus. On 20.10.1984, the claimant Abhay Kumar filed a petition under Section 110 -A, Motor Vehicles Act, 1939 (hereinafter to be called 'the Act'), claiming a sum of Rs. 3,12,000/ - as compensation under different heads with the averments, in short, as follows: He is a contractor in the Irrigation Department, Government of Rajasthan. On 18.6.1984 at about 11 a.m. he was going on the motor cycle No. RRD 145 along with the Assistant Engineer (Irrigation) Hari Kumar Joshi and Overseer Parasmal to take cement for the work of his contract. The motor cycle was being driven slowly by the Overseer Parasmal on the correct side of the road. From opposite direction, truck No. RRM 8549 came at an excessive speed. It was being driven by its driver rashly and negligently. Seeing the fast approaching truck, Parasmal took his motor cycle towards his left side on the kacha portion of the road. Despite it, the truck dashed against it. At that time the truck was being driven by its driver Devi Lal Gurjar (O.P. No. 1) and it was owned by the State of Rajasthan (O.P. No. 4). As a result of the accident, all the three occupants of the motor cycle fell down and received injuries. The claimant became unconscious. He received two fractures in his left leg and one in his chest and several injuries on different parts of his body. He is still confined to bed with plaster up to his neck. He was maintaining his family from the income which he was earning as a contractor. As a result of the accident, calamity has fallen on his family. He has been disabled to do his contract work or any other work. He has permanently become handicapped and he cannot now move. He is unable to earn his livelihood. He has received a great mental shock. He is entitled to get Rs. 3,12,000/ - as compensation.

(3.) THE Tribunal framed four issues. The claimant examined Head Constable of Police Station, Kotwali, Tonk, Ramniwas, AW 1, who recorded the information Exh. 1 in the general diary of the police station, motor cycle driver Parasmal Jain, AW 3, Dr. B.D. Sharma, AW 4, who examined his injuries and prepared the injury report Exh. A/2 and Dr. Chandra Shekhar Sharma, AW 5, who treated him besides himself as AW 2. The opposite parties (respondents) examined truck driver Devi Lal, DW 1, Assistant Fisheries Development Officer Banwari Lal Mathur, DW 2 and shopkeeper Prem Chand, DW 3. The claimant produced his prescriptions, cash memos of medicines, X -rays, injury report, police report and notices issued by the Irrigation Department for completing the contract work. The opposite parties -respondents did not produce any document. After hearing the learned counsel for the parties, the learned Judge, Motor Accidents Claims Tribunal, Tonk, awarded Rs. 10,000/ - as compensation under the head of mental agony only by his impugned judgment.