JUDGEMENT
-
(1.) Leave granted.
(2.) Feeling dissatisfied with the enhancement granted by the Madhya Pradesh
High Court in the amount of compensation awarded to him by 8th Motor Accident
Claims Tribunal, Gwalior (for short, 'the Tribunal'), the appellant has filed this
appeal.
(3.) The appellant, who sustained grievous injuries on the head, right shoulder,
back bone and other parts of the body in an accident which occurred on 9.5.1996,
filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the
Act') for award of compensation of Rs. 4,20,000/- with interest. The claim of the
appellant was founded on the following assertions:
(i) That the accident occurred when the scooter on
which he was travelling along with his friend Sunil was hit by
truck No. MKH-7787 near Sikaria Workshop at AB Road,
Gwalior.
(ii) That the accident was caused due to rash and
negligent driving of the truck by respondent No. 1-Munnalal
Parihar.
(iii) That he was rushed to Madhav Dispensary from
where he was shifted to J.A.H. Hospital. He was operated for
fracture on his head, broken piece of the bone was removed and
22 stitches were given on his head.
(iv) That due to injury on the head, left part of his body
was paralyzed and he was not able to do the work which he was
doing prior to accident.
(v) That the prospects of his marriage had been
considerably reduced and he will not be able to lead normal life.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.