Rajendra Saxena, J. - (1.) This appeal has been directed against the Award dated 27-5-89 passed by the Motor Accident Claims, Tribunal (for short 'the Tribunal'), whereby in a motor accident case resulting in sorious injuries sustained by the appellant - claimant compensation amounting to Rs 1,17,500/- along with interest thereon @ 12% per annum Irom the date of filing the claim petition, has been awarded jointly and severally against respondents Raghuvir Singh (driver). Indian Oil Corporation (owner) and the New India Insurance Company (Insurer).
(2.) In short, the relevant facts are that on 4-3-87 at about 1.30 P.M. appellant Basant Kumar, a young lad aged about 10 years, was going along with his parents near Chomu Bus stand and when he reached near the gate of Nagarpalika, Chomu, suddenly a Tanker bearing registration No. RRB 8347 being driven by its driver Raghuvir Singh (respondent No. 1) rashly, negligently and with a high speed, came from opposite side and hit him, thereby he sustained a rub abrasion 11 cm x 1.45 cm on posterior medial of left forearm and lacerated crush injury involving muscles, bone joints and tendons on all of his fingers and thumb of left hand and multiple injuries on the medial aspect of right thigh lower ⅓rd knee joint and right left upper ⅓rd. He was admitted to SMS Hospital, Jaipur on the same day, where compound fracture of his right humerus, compound fracture of the distal end, phalange of thumb, middle phalange of left index fingers, middle phalange and distal of left middle fingers were detected. To save his life, his index and middle fingers of the left hand were amputed. He was discharged from SMS Hospital on 13-3-87. Later on he was taken to the Medical Research Centre of Bombay Hospital Trust, Bombay where he remained as an indoor patient from 18-3-87 to 21-4-87 and again from 10-6-87 to 13-7-87 for the treatment of fracture of distal end of shaft of right humerus and proximal end of the shaft of ulna and dislocation of elbow joint.
(3.) The appellant through his natural guardian Mahavir Prasad filed a petition before the Tribunal claiming Rs. 2.85 lacs as compensation. The driver and owner of the offending vehicle did not file any reply. However, the insurance company (respondent No. 3), in its reply admitted the factum of accident but averred that the accident had taken place due to the careless and negligence of the claimant himself and asserted that the amount of compensation claimed was inflated and exaggerated.;