SURAJ MAL Vs. SUBHASH & ORS

JUDGEMENT

(1.) Instant appeal by the claimant-appellant u/Sec. 173 of the Motor Vehicles Act, 1988 is directed against the order dt.05/09/2005 passed by the Additional District Judge (Fast Track) No.2, Tonk in MAC No.512/2004 whereby only a compensation to the tune of Rs.25,000/- has been allowed in his favour.

(2.) Brief facts of the case are that on 20/06/1999, it is stated that more than 15 people were going in a Truck bearing No.RJ-02-G-1781 for filling of 'Khakhla', started from Uniyara and on account of rash and negligent driving by the driver of the vehicle, the truck overturned several times and the appellant so also other persons received injuries. FIR was lodged and it was claimed that since the vehicle is insured, therefore, proper compensation be allowed. The Tribunal, after analyzing the material on record and other factors, in so far as the appellant is concerned, allowed an amount of Rs.25,000/- which is assailed herein, praying that the amount allowed is meager and nothing but virtually dismissing the claim when the accident has been proved, injuries have been proved and therefore, it needs to be enhanced and the Insurance Company has wrongfully been exonerated.

(3.) It is contended by counsel for the appellant that the Tribunal, while analyzing the material, has wrongfully exonerated the Insurance Company as admittedly the vehicle, in which the appellant was sitting with the other persons, was insured and once the vehicle was insured, the observation of the Tribunal is unjust and without considering the material facts. In the alternative, he contended that the amount allowed at Rs.25,000/- is virtually nothing as evidence was led and medical certificate of a Government Hospital clearly indicated that the appellant received permanent disability to the extent of 7% and there were several fractures in his body and the amount allowed taking into consideration his income, pains & sufferings, medical expenses, hospitalization etc., is nothing and deserves to be enhanced suitably.