VINEET KOTHARI, J. - (1.) THIS appeal is directed against the award dated 27.5.1995 passed by the learned Motor Accident Claims Tribunal, Karauli (hereinafter referred to as 'The Tribunal') in MACT Case No. 19/1992.
(2.) ACCORDING to the learned Counsel for the appellant claimant on 14.12.1990 at about 12.00 a.m. one Rajesh Sharma along with his Munim Sahdeo Meena were going on a motorcycle from village Gerai and near village Gangarda they met with an accident with a jeep bearing registration No. RSB 7451 which was registered with the respondent No. 3 the United India Insurance Co. Ltd., Jaipur which was being driven by respondent No. 2 Dharam Singh which collided with the said motorcycle from front side due to rash and negligent driving of the jeep and as a result of which the claimant suffered serious injuries. For the said incident, the claimant lodged the First Information Report No. 154/1990 at Police Station Sapotara in which challan was also filed against the respondent No. 2. The Tribunal while passing the award arrived at a finding that the jeep in question was driven rashly and negligently by the respondent No. 2 and decided issue No. 1 in favour of the appellant and while deciding issue Nos. 2 and 4 regarding compensation, the Tribunal only awarded a sum of Rs. 30,000 as compensation. The Tribunal found that as per the X -ray Report Ex. P.4, fracture of tibia fibula on the right leg was found which resulted into 10% permanent disability for which Ex. P. 11 was issued by Dr. G.K. Mishra, who appeared in the witness box to prove the said report. The said injured was employed in a private company and was earning Rs. 3,000 per month. The Tribunal while passing the award took note of the fact that the appellant received 10% disability at the age of 30 years and expected span of life to be 60 years and arrived at a conclusion to award a sum of Rs. 1,08,000 but since, the Tribunal feltthat the said compensation is being paid in one lump sum amount, therefore, such amount was directed to be deposited in a National Bank that it would bear interest amounting to Rs. 300, per month and thus Rs. 30,000 was computed against future loss of income. Besides this, the Tribunal also awarded some amount towards medical treatment and, thus, the total compensation awarded by the Tribunal comes to Rs. 65,325 out of which Rs. 25,000 was awarded for the fracture and Rs. 30,000 for the loss of income and Rs. 8,045 for medical treatment, etc.
(3.) BEING aggrieved by the said award, the appellant preferred this appeal for enhancement of the amount of compensation awarded by the Tribunal.;