DIRENDRA SINGH Vs. GOPI SINGH KALICHARAN

JUDGEMENT

(1.) ADVOCATE for appellant. Mr. Arvind agrawal, Advocate for insurance company, respondent No. 2. None for the owner of the vehicle, respondent No. 1, even though served.

(2.) THIS is claimant's appeal under section 173 of the Motor Vehicles Act, for enhancement of the compensation awarded to him by Sixth Motor Accidents Claims tribunal, Gwalior in Claim Case No. 49 of 1994, for the injuries sustained by the claimant in the said accident and on the basis of disability suffered in the accident, i. e. , 40 per cent a sum of Rs. 35,000 is awarded as compensation. Inter alia, contending that the compensation award for disability of 40 per cent is very much on the lower side, this appeal has been filed for enhancement of the compensation.

(3.) FACTS in brief necessary for disposal of the present appeal are that on 28. 4. 1994 at about 6 in the evening when the appellant was going on Koteswar Road, a tractor bearing No. CIG 4056 driven by respondent no. 1 in a rash and negligent manner dashed against the appellant as a result appellant suffered two fractures on both legs. Inter alia, claiming that the accident took place because of negligence of the driver of tractor, because of the accident appellant has suffered fractures in both the legs, he was hospitalised for about two months between 28. 4. 1989 and 17. 6. 1989, his left leg was operated upon, steel rods were implanted and because of the accident he has suffered 40 per cent permanent disability, claim petition was filed. The appellant at the time of accident was only 12 years of age. On the basis of evidence and material that came on record finding recorded by the Tribunal is that the appellant did suffer in the accident, the accident took place because of rash and negligent driving of the driver of the vehicle, driver of the vehicle was responsible for accident and because of the accident appellant has suffered 40 per cent permanent disability and disability of the appellant is found to be proved on the basis of disability certificate, issued to the appellant by Assistant collector, Gwalior on the basis of certificate issued by Civil Surgeon-cum-Chief hospital Superintendent, District Gwalior, the said document is available on record, but no specific exhibit has been marked. The Tribunal has accepted this document and finding recorded is that appellant is disabled and he has suffered 40 per cent disability because of the accident, however, after holding him to have suffered 40 per cent permanent disability the compensation of Rs. 20,000 is awarded for the injuries sustained and Rs. 10,000 towards mental pain and suffering, Rs. 5,000 for medical expenses incurred, the total sum of Rs. 35,000 is awarded as compensation.