LAWS(MPH)-2004-3-133

SATISH KUMAR Vs. M.P. STATE ROAD TRANSPORT

Decided On March 03, 2004
SATISH KUMAR Appellant
V/S
M.P. State Road Transport Respondents

JUDGEMENT

(1.) SINCE both the appeals arise out of the same award passed by the Motor Accident Claims Tribunal, Indore in M.V. Case No. 18/91, decided on 14.7.1993, they have been heard analogously and are being disposed of by this common judgment. One appeal has been preferred by the claimant for awarding him compensation at the enhanced rate and another has been preferred by the owner and driver of the bus for reducing the amount of compensation of Rs. 1,50,000/-.

(2.) MATERIAL facts are mentioned herein below: On 20.3.1990, in the morning at about 11.30 to 11.45 a.m. respondent Satish Kumar met with an accident while he was travelling on his Luna observing the road rules. A bus belonging to the M.P.S.R.T. Corporation appellant No. 1, driven by respondent No. 2, came and violently dashed against the respondent. The respondent sustained compound fracture of hip bone and other injuries. His injury was certified as permanent in nature by the doctor Devendra Kumar Jain, RW. 5. The doctor further certified that this permanent disability was to the extent of 40%. The claimant at the time of the accident was aged about 26 years and was working as an Office Assistant in the Kesar Steels and was drawing a salary of Rs. 820/- per month. On consideration of the evidence available on record, the claim Tribunal has awarded a sum of Rs. 1,50,000/-.

(3.) IN the light of the aforesaid discussion, we find that both the appeals have got no merits or substance. The same are hereby dismissed but with no order as to costs. A copy of this judgment be retained in the connected appeal.