TILAK RAJ Vs. BALDEV RAJ

JUDGEMENT

(1.) In an unusual accident involving three trucks, the appellant who was a khalasi, suffered an injury and consequently lost his leg. On 13.9.1989 while the truck on which the appellant was a khalasi was going on Gopalpura Bypass, another truck (to be referred as truck No. 2) overtook the said truck from the wrong side and dashed against truck No. 1. Meanwhile, a third truck (to be referred as truck No. 3) was coming from the front and that too dashed against truck No. 1. Consequently, truck No. 1 was sandwiched between truck Nos. 2 and 3. As a result of the said accident, the appellant's right leg was amputated. Subsequently, the appellant filed claim petition for compensation of Rs. 9,32,000.

(2.) In the written statement filed by the three different insurance companies, respondent Nos. 3, 6 and 9, they admitted that the respective trucks were insured with them. However, each insurance company blamed the drivers of the other two trucks for causing the accident. After framing five issues, perusing oral and documentary evidence, vide award dated 16.7.1994 the Motor Accidents Claims Tribunal, Jaipur, was pleased to award a compensation of Rs. 1,15,000 to the appellant. Since the appellant is aggrieved by the said award, he has filed the present appeal before us.

(3.) Mr. K.N. Tiwari, the learned counsel for the appellant, has argued that because of the accident and the consequent amputation of leg, the appellant has become an unemployed youth. The appellant is not only an illiterate person, but is also from a poor family. Hence, it is extremely difficult for him to secure a decent job in his handicapped condition. He has further argued that in similar cases, the Apex Court has been pleased to enhance the compensation to almost Rs. 4,00,000. In order to support his contention, he has relied on the case of Grifan v. Sarbjeet Singh, 2000 ACJ 1370 (SC).