H.R.PANWAR,J. - (1.) THIS appeal is directed against judgment and Award dated 9.4.1997 passed by the Motor Accident Claims Tribunal, Rajsamand (for short 'the Tribunal'), by which the Tribunal awarded compensation of Rs. 1,65,000/ - and Rs. 35,000/ - as consolidated interest in favour of appellant - claimant (for short 'the claimant') and against the respondents No. 1 and 2. Aggrieved and feeling dissatisfied by the quantum of compensation awarded by the Tribunal, the claimant has filed the instant appeal seeking enhancement of compensation.
(2.) I have heard learned counsel for the parties and perused the judgment and award impugned. I have also carefully gone through the record of the Tribunal. On 17.8.1989, the claimant was travelling in a bus bearing No. RNP 2994. The said bus was owned by the Rajasthan State Road Transport Corporation (for short, 'the Corporation'). While the said bus was plying in the area of village Lambodi, a truck bearing No. RPA 2788 came from opposite direction. Both the vehicles, i.e. the bus and the truck, were being driven at a great speed rashly and negligently by their respective drivers, resulting thereby a head -on collusion of the two vehicles. The claimant, who was one of the occupant -passengers of the bus, sustained numerous injuries including the fracture of spinal cord resulting in paralysis of lower limbs. The claimant filed the claim petition before the Tribunal for compensation against the owners, insurers and drivers of the afore -mentioned two vehicles which caused the accident. On appreciation of evidence, the Tribunal held that the accident was due to rash and negligent driving of the truck; however the driver of the bus was not found negligent. The finding of the Tribunal, holding the truck driver negligent, has not been challenged by either of the parties and as such it became final.
(3.) THE only point for consideration is: what should be the compensation, keeping in view the nature of the injuries which resulted in a permanent disablement as the injuries resulted in total paralysis of lower limbs of the claimant. From the evidence produced by the claimant, it has been established that the fracture of spinal cord resulted in paraplegia. Thus, from the medical evidence, as also from the statement of the claimant, it is established that the injuries sustained by the claimant resulted in total and permanent disablement of his lower limbs. The Tribunal, on appreciation of ocular as well as medical evidence, held that the injuries suffered by the claimant resulted in permanent disablement to the extent of 85%.;