ANNOP KUMAR Vs. JANREL SINGH

JUDGEMENT

(1.) Being aggrieved by the inadequacy of the amount awarded vide award dated 18.2.1999 in Claim Case No. 45 of 1994 passed by Second M.A.C.T., Neemuch whereby in a claim petition filed by the appellant, learned Tribunal awarded a sum of Rs. 55,659 along with interest at the rate of 12 per cent per annum, the present appeal has been filed.

(2.) Short facts of the case are that the appellant who was aged 4 years at the time of accident met with an accident by truck bearing registration No. PB 08-F 8124, which was being driven by respondent No. 1, owned by respondent Nos. 2 and 3 and insured with respondent No 4 at the relevant time. Claim petition was filed by the appellant which was contested by respondent No. 4. On the basis of pleadings of the parties learned Tribunal framed the issues, recorded evidence and passed the award for a sum of Rs. 55,659.

(3.) The learned counsel for the appellant submits that on account of accident, left leg of the appellant has been amputated above knee, appellant has suffered a lot on account of injuries and appellant was to undergo an operation. It is submitted that an artificial leg was fixed for which the appellant rushed to Jaipur. It is submitted that the amount awarded is on the lower side, looking to the injuries sustained by the appellant. The break-up of the amount awarded by the learned Claims Tribunal is as under: <FRM>JUDGEMENT_2296_ACJ_2007Html1.htm</FRM>