WILFARAD MEHBOOB Vs. SAHIB SINGH

JUDGEMENT

(1.) The present civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the Award dated 11.03.1997 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (for short 'the Tribunal') in MACT Case No. 96/1994, whereby a sum of Rs. 32,500/- has been awarded as compensation in favour of the claimants/appellants.

(2.) Brief facts of the present appeal are that on 15.10.1993 Madan Lal, Wilfarad, Ram Kumar and Boby were coming from Delhi in car bearing No. DAC-7945. At about 9.00 p.m., a truck bearing No. HR-29-1094 driven rashly and negligently by its driver, came from the opposite side and after coming on wrong side dashed with the said car, as a result of this accident Madan Lal died and all the occupants of the car received injuries. A case under Section 279, 338 and 304-A IPC was registered against the truck driver and after investigation, charge-sheet was filed against the truck driver.

(3.) The impugned Award dated 11.03.1997 has been challenged by the claimant/appellant for enhancement of compensation on the ground that looking to the injuries the amount awarded by the Tribunal is meagre as the appellant was admitted in Holmet Hospital, New Delhi and about Rs. 41,000/- were spent towards hospital expenses and the same were disallowed by the Tribunal on the ground that these bills are in the name of Hotel Maurya Sheraton. It is submitted that the Tribunal has overlooked the fact that there was name of the appellant on the bill but it was c/o Maurya Sheraton.