NARENDER SINGH Vs. DINESH KUMAR AND ANOTHER

JUDGEMENT

(1.) The only question for determination in this appeal filed by the claimant-appellant under Sec. 173 of the Motor Vehicles Act, 1988 against the award dated 16-11-1996 of the learned Judge, Motor Accidents Claims Tribunal, Udaipur is whether the quantum of damages awarded by the learned Judge, Motor Accidents Claims Tribunal is, in the facts and circumstances of the case, appropriate and correct?

(2.) The claimant-appellant was travelling in matador vehicle No. RJ-37/G/0044 on 24-7-1991 driven by Dinesh Kumar, respondent No. 1 who was the driver as well as the owner of the above vehicle. On account of rash and negligent driving, the vehicle overturned and the claimant sustained injuries as mentioned in the injury report. In particular he sustained a fracture of left patela bone. There were also fractures of tibia and fibula of left leg. It may also be stated that according to the report of Dr. G. L. Dad, Medical Jurist the above injuries constituted 44% of permanent disability. These facts are not in dispute. The learned Tribunal examined the evidence produced by the parties and awarded the following damages:-

(3.) The learned Tribunal passed an award, awarding the above damages as against the respondents jointly as well as severally and asked the latter to pay the above amount to the claimant or deposit the same in Court within a period of one month, failing which the respondents were to pay simple interest @ 15% from 2-12-1991.