LALA RAM Vs. KAILASH CHAND SAINI

JUDGEMENT

(1.) The misc. appeal has been filed for enhancement of compensation under section 173 of Motor Vehicles Act, 1988 against the judgment and award dated 7.12.2005 passed by the learned Judge, M.A.C.T., Jaipur District Jaipur in M.A.C.T. Case No. 532 of 2003, whereby the claimant has been awarded compensation of Rs. 4,91,000 only.

(2.) Briefly stated the facts are that on 28.6.2003 at about 10-10.30 p.m. when the claimant was going on foot and reached near Bhankrota Petrol Pump, a loading jeep bearing No. RJ 14-G 9778 being driven rashly and negligently by its driver in fast speed came on the wrong side and hit the claimant, resulting in severe injuries on both his legs and on other parts of body. The claimant is a young man of 25 years of age and was earning a sum of Rs. 6,000 per month from agricultural income and by selling milk. On account of the injury sustained in the accident claimant had to remain in hospital for several months, later on during treatment one of his leg was amputated and there was 85 per cent permanent disability as certified by the hospital authorities due to accident. It is also averred in the claim petition that there were fracture of cervical spine C2 and C3. It is also averred in the claim petition that claimant has become completely paralysed and is not in a position to do his routine daily work and is dependent on an attendant. In all total compensation was claimed of Rs. 20,55,000 under different heads. The respondents filed their written statements and denied the contents of the claim petition in relation to the negligence of the driver of the jeep but disclosed the fact that the jeep was insured with respondent No. 2. The learned Tribunal on the basis of pleadings of the parties framed five issues including relief. In support of the claim AW 1, Lala Ram; AW 2, Bhag Chand and AW 3, Navendra Mathur were produced in evidence by the claimant and in the documentary evidence 140 documents were tendered in evidence. The learned Tribunal after hearing both sides awarded in all compensation of Rs. 4,91,000 along with interest from the date of filing of the claim petition vide its award dated 7.12.2005. Hence, this misc. appeal for enhancement of compensation has been filed by the claimant.

(3.) I have considered the submissions made before me and perused the impugned judgment/award and material available on record.