S.N.MODI, J. - (1.) THIS is a miscellaneous appeal under Section 110D of the Motor Vehicles Act, 1939 against the award of the Motor Accidents Claims Tribunal, Jodhpur (District judge, Jodhpur) dated January 28, 1974.
(2.) THE relevant facts of the case are that on 11 2 -1970 Mahipalsingh was driving a scooter with Mukand Singh on the pillion near Rai -ka -Bagh Railway level -crossing in Jodhpur. Motor Truck No. R.J.Q. 8273 owned by Sampat Raj and driven by Laxman alias Laxmi Narain dashed against the scooter with the result that the scooter was damaged and Mahipal Singh and Mukand Singh received injuries. The Motor -truck is said to have been insured at the relevant period with the Venguard Insurance Company Ltd. Mahipal Singh and Mukand Singh filed a claim before the Tribunal claiming Rs. 8,400/ -as damages. The details of the damages mentioned in the claim petition are as follows : A : MahipalSingh(1) Rs. 4,000/ - Cost of jiew scooter, as ,injvq|vedin the accident w.as, badly damagedand rendered useless.(2) Rs. 2,000/ - For mental y agony, shock, injuries and pain to Mahipal Singh.(3) Rs. 200/ - For mental agony and shock to thefather and other relatives of Mahipal Singh.(4) Rs. 200/ - For loss of the use of scooter byMahipalSingh for three years. - - - - - - - - - - - - -Rs. 6,400/ - - - - - - - - - - - - - - B. Mukand Singh(1) Rs. 250/ - Expenses incurred in treatment.(2) Rs. 150/ - Amount spent on attendants.(3) Rs. 100/ - Loss of income due to Mukandsingh'sremaining as indoor patient in the hospital for 15 days.(4) Rs. 1,000/ - For mental agony, shock, injuriesand pain to Mukand Singh.(5) Rs. 500/ - For mental shock and pain to thefather and other relatives of Mukand Singh. - - - - - - - - - - - - - -Rs. 2,000/ - - - - - - - - - - - - - - -Total Rs. 8,4000/ - The claim was resisted by the owner Sampat Raj, the driver Laxmi Narain and the Insurance Company. The Tribunal, on consideration of the evidence led by the parties, awarded Rs. 1000/ - as damages to each injured namely Mahipal Singh and Mukand Singh from Sampat Raj and Laxmi Narain. It. dismissed the claim against the Venguard Insurance Company Ltd. and one Lai Singh. Dissatisfied with the said award, Sampat Raj and Laxminarain, the owner and the driver of the truck respectively, have preferred this appeal. I have heard learned Counsel for the partiers and gone through the record of the case. The Tribunal has awarded the following amount as damages to Mahipal Singh and Mukand Singh. A. Mahipal Singh(1) Rs. 500/ - for sustaining injuries and shock.(2) Rs. 500/ - compensation for damage and depreciation of the scooter. - - - - - - - - - - - - -Rs. 1,000/ - - - - - - - - - - - - - - -B. Muhand Singh.(1) Rs. 1000/ - for sustaining injuries and shock.
(3.) SO far as Mukand Singh is concerned the Tribunal was justified in awarding him Rs. 1,000/ - as damages for the injuries, mental agony and shock suffered by him. He received extensive injuries on his head, back and knee. He remained indoor patient for 15 days and spent Rs. 250/ - in his treatment. The learned Counsel for the appellant has not been able to point out any good reason for reducing the amount of Rs. 1,000/ - awarded to him as damages.;