SAMPAT RAJ Vs. MAHIPAL SINGH

JUDGEMENT

(1.) THIS is a miscellaneous appeal under Section 110D of the Motor Vehicles Act, 1939 against the award of the Motor Accidents Claims Tribunal, Jodhpur (District judge, Jodhpur) dated January 28, 1974.

(2.) THE relevant facts of the case are that on 11 2 -1970 Mahipalsingh was driving a scooter with Mukand Singh on the pillion near Rai -ka -Bagh Railway level -crossing in Jodhpur. Motor Truck No. R.J.Q. 8273 owned by Sampat Raj and driven by Laxman alias Laxmi Narain dashed against the scooter with the result that the scooter was damaged and Mahipal Singh and Mukand Singh received injuries. The Motor -truck is said to have been insured at the relevant period with the Venguard Insurance Company Ltd. Mahipal Singh and Mukand Singh filed a claim before the Tribunal claiming Rs. 8,400/ -as damages. The details of the damages mentioned in the claim petition are as follows : A

(3.) SO far as Mukand Singh is concerned the Tribunal was justified in awarding him Rs. 1,000/ - as damages for the injuries, mental agony and shock suffered by him. He received extensive injuries on his head, back and knee. He remained indoor patient for 15 days and spent Rs. 250/ - in his treatment. The learned Counsel for the appellant has not been able to point out any good reason for reducing the amount of Rs. 1,000/ - awarded to him as damages.