PANWAR, J. - (1.) THIS appeal is directed against the Award dated 25. 1. 1994 passed by the Judge, Motor Accident Claims Tribunal, Balotra (hereinafter called "tribunal") in Civil Misc. Case No. 69 of 1989, for enhancement of the Award.
(2.) BRIEFLY stated the facts which are considered necessary and relevant for the decision of this appeal, are that on 3. 2. 89 at about 5 PM appellant Khemaram who on the relevant date was 7 years' of age and was student of 2nd Standard of Sharda Bal Niketan School, Balotra, was going to his house after the school hours on Balotra-Samdari road on its correct side of the road. At that relevant time, a Truck bearing No. RNJ 7169 came from behind and hit him resulting thereby that he sustained various injuries on his person, he fell down on the spot and became unconscious. It was the case of the appellant-claimants that the Truck in question was driven rashly and negligently by respondent No. 1 Lukman, who was under the employment of respondent No. 2, the owner of the Truck and the Truck was validly insured with respondent No. 3. The report of this accident was lodged at Police Station, Balotra. The police after usual investigation filed a challan against respondent No. 1 Lukman for the offences under Sec. 279, 337 and 338, IPC. He was taken to Government Nahata Hospital, Balotra for treatment where he was admitted and treated for 20 days and thereafter he was taken to Ahmedabad for better treatment. He was admitted for 8 days in V. S. Hospital, Department of Neuro Surgery. He was again taken to Government Nahata Hospital, where he admitted for 24 days and was under treatment at Balotra and Jodhpur for considerable long period. A claim was filed before the Tribunal under various heads including treatment expenses, which were incurred till filing of the claim and loss of earning for entire future span of life, loss sustained on account of attendants, boarding and loadging at Balotra, Ahmedabad and Jodhpur as also transportation charges, loss of income of his father as who remained on leave to attend him. The respondents filed their written statements. After holding trial, the Tribunal on consideration of material on record came to the conclusion that the accident was the result of rash and negligent driving of the truck by respondent No. 1 Lukman. The Tribunal while deciding issue No. 2, which relates to quantum of compensation, assessed and awarded a sum of Rs. 71,000/- in all including consolidated interest. Dis-satisfied and feeling aggrieved by the quantum of compensation awarded being inadequate, present appeal for enhancement of the Award. I have heard Mr. L. R. Choudhary, learned counsel for the appellants and Mr. Manoj Bhandari learned counsel for respondent No. 3.
(3.) I have scanned, scrutinised and evaluated the evidence on record and considered the rival contentions. So far as appellant No. 1 Daluram is concerned he has neither suffered any personal injury nor loss and, therefore, the Tribunal rightly disallowed his claim. I am also of the opinion that he is not entitled for compensation in his individual capacity. Appellant Khemaram, a minor aged 7 years of age filed a claim petition through his father being natural guardian. Soon after the accident, he was taken to Government Nahata Hospital, Balotra where he was medically examined by the doctor who prepared the injury report (Ex. 7a) and on being examined by the doctor, his general condition was noticed by the doctor that he was unconcious, rigidity of left side of body, convulsion present, bleeding profused in ear, right nose and mouth, left pupil constricted, right pupil dilated and not reacting to light. The doctor also noticed the following injuries:- 1. Swelling 4. 5 cm x 3. 5 cm in right temporal region. 2. Abrasion 1. 5 cm x 1. 0 cm in post-aurecular area. 3 Abrasion 3. 0 cm x 2. 0 cm lateral aspect of right knee. 4. Abrasion 1. 5 cm x 1. 0 cm on lateral border of left fore- arm. ;