MULAYAM SINGH Vs. LAXMAN & OTHERS

JUDGEMENT

(1.) The appellant has come before this Court for enhancement of the compensation awarded by the 13th Additional Claim Tribunal, Indore in Claim Case No.214/2005 vide award dated 12.04.2007

(2.) Facts of the case in brief are that at the date and time of the incident, the appellant was going from Bada Ganpati to Gandhinagar by auto rickshaw No.MH 02 U 8389. The driver of auto rickshaw was driving it carefully and at a normal speed. Suddenly, driver of Tractor No. MP 09 MA 2652 hit the auto rickshaw while running the tractor in a rash and negligent manner. The auto rickshaw over turned, due to which the complainant sustained multiple injuries. The appellant reported the matter to the police, who in turn registered a criminal case.

(3.) The appellant filed a claim for compensation of Rs.10,00,000/-. The learned Tribunal awarded awarded Rs. 5600/- as per medical bills submitted by the applicant, Rs. 1000/- for loss of income for 2-3 days, Rs. 5000/- for mental pain and agony totaling Rs.11,600/-. Learned Tribunal exonerated both the insurance companies (Respondent No. 3 & 7) from liability to pay compensation and holding that both the drivers were responsible for the accident, divided the responsibility between Respondent No. 1 & 2 on the one hand and Respondent No. 5,6 & 7 on the other hand in 60-40 ratio and directed the nonapplicant No.1 & 2 to pay Rs.6,960/- and to the respondents no.4, 5 & 6 jointly and severally Rs.4,640/- with interest @Rs.6% per annum and dismissed the suit against both the insurance companies (Non-applicant no.3 and 7).