AJEET SINGH Vs. MOHAMMED SABIR & ORS.

JUDGEMENT

(1.) Questioning the award dated 21.03.2001 passed by Motor Accident Claims Tribunal-I, Jodhpur in Claim Case No.288/1997, this appeal has been filed under section 173 of the Motor Vehicles Act seeking enhancement of the damages.

(2.) In nutshell, the factual matrix of the accident are that the appellant while travelling by TATA Siera in midnight of 26th-27th Jan. 1997 sustained injuries when the riding vehicle rammed into a stationary tanker GQC-4201 from behind, which was stationed without reflection of backlight. Drivers of both the vehicles were held equally negligent and the insurance company of both vehicles was same, being United India Assurance Company, as respondent No.3 and 6 and the Tribunal passed an award of Rs. 95,000.00 with 9% interest.

(3.) Learned counsel for the appellant relying upon the judgment in M.A. Suresh Vs. M.J. Francis & Ors., (2001) ACC 640 (DB) has submitted that the Tribunal has committed error and has passed a wrong award in lower side. The injured was D-category Railway contractor and has sustained permanent disability to the tune of 14%. He had to undergo treatment for more than 6 months and remained hospitalized but the Tribunal has not considered these aspects. The injured appellant was an income tax payee, hence, the claim sought was to be awarded but the Tribunal has wrongly passed impugned award without considering extent of the disability which has constrained the appellant not to work normally for rest of his life. So the appeal be allowed and award be enhanced.