NATIONAL INSURANCE Vs. JAGDISH RAM

JUDGEMENT

(1.) This appeal is directed against the judgment and Award dated 31.7.1995 passed by the Judge, Motor Accident Claims Tribunal, Phalodi in MACT Case No.133 of 1994 (189/900), whereby, the learned Tribunal has allowed the claim petition and has awarded a sum of Rs.45,000/- plus interest at the rate of 12% per annum from the date of filing of the claim petition in favour of the claimant and against the nonclaimants No.1,2 and 3.

(2.) Brief facts giving rise to the present appeal are that on 13.3.90, at about 8.45 A.M., the claimant Jagdish Ram along with Oma Ram was going on a donkey to Baran Khurd Hospital on the road of Osian. When they reached near the floor mill of Chatur Singh, a Nishan Truck bearing No.RNQ 5729, which was being driven rashly and negligently by Narsingh Avtar, hit the donkey whereby the donkey fell down and died on the spot. The claimant further stated that Oma Ram who was sitting behind him on the donkey fell down on the road, on account of which, he sustained injuries and the claimant also got fractured in his left leg. Besides the facture, he received simple as well as grievous injuries on his person. It was also alleged in the claim petition that on the day of accident, the claimant was 10 years old, therefore, a claim petition was filed by his father. The claimant's father is businessman. The claimant and his parents remained at Jodhpur in a rented house for months together for the purpose of treatment of the claimant and, thus, his father suffered a lot in the business. The claimant was admitted in the hospital as per report, both bones Tibia Fibula of one leg were found fractured vide Ex. P/6. It was also alleged in the claim petition that due to fracture, the plaster was remained for about six months on his leg and the claimant is unable to tolerate weight on the legs and he became unable to that extent, his one leg became shortened. His parents has suffered mental agony etc., therefore, claimed Rs.3,68,000/- as compensation under different heads.

(3.) On behalf of non-claimants No.1 and 2 , a joint reply to the claim petition has been filed, wherein, it was stated that the accident did not occur from their truck. The said truck is insured with the National Insurance Company. They prayed that the claim filed by the claimant may be dismissed.