INDIAN TRADE AND GENERAL INSURANCE CO Vs. MADHUKAR GOVIND RAO BHAGADE

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act, is from the award of the Motor Accident Claims Tribunal (hereinafter called the Tribunal) whereby a sum of Rs. 8,600 has been allowed as compensation to the respondent against the three appellants. They have appealed. The claimant has filed cross objections.

(2.) THE respondent was going in a rickthaw on the Mahatma Gandhi Road, Raipur, from Manohar Talkies side towards Sharda Chowk. In front of the Mahakoshal press, the rickshaw was dashed against by a motor truck. No. M. P. R. 2656, belonging to the Lucky Bharat Garage, (appellant No. 2 ). Baldeoraj (appellant 3)was driving the truck. The respondent's case was that the truck was being driven at a very great speed. As a result of the above accident, he received serious personal injuries. He was admitted to the D. K. Hospital, Raipur, for treatment. His monthly income was about Rs. 260. He claimed Rs. 750 for the medical expenses incurred; Rs. 10,000 as general damages and Rs. 4,250 as exemplary damages for loss of employment and business; total Rs. 15,000.

(3.) THE appellants resisted the claim contending that the truck had been parked on the katcha portion of the Mahatma Gandhi road on the left side, its face being towards Manohar Talkies side; that a rickshaw, which was running at a great speed, with its handle and body wavering, came from Manohar Talkies side, while another rickshaw, which was also coming from that very side and at a very great speed, was chasing the former and trying to overtake it, and a third rickshaw, running at a terrible speed came from the opposite direction; that all the three rickshaws simultaneously happened to reach a point, near which the truck had been parked; that the second rickshaw overtook the first, while the third rickshaw, in its endeavour to avoid collision with the second rickshaw, swerved towards its right hand side and dashed against the first rickshaw and then again swerved towards its left, and, in so doing, it caused two scratches on the body of the truck.