BHAGIRATH Vs. SUGRIVRAM AND ORS.

JUDGEMENT

(1.) The Appellant Bhagirath, S/o Laxmanji, aged about 60 years, vegetable vendor, met with an accident on 2.9.1978, by the use of motor cycle bearing registration No. CPF 1828, which was owned by Respondent No. 2, Bank of India and driven by the Respondent No. 1, Sugrivram s/o Ramprasad. The vehicle was insured at the relevant time by the Respondent No. 3, the National Insurance Co. Ltd.

(2.) As a result of the accident, the Appellant-claimant received severe multiple injuries, i.e., fracture in left leg resulting in 2.5" shortening and restriction of knee movement by 90 per cent. Another was a fracture of left hand wrist. Restriction of movement was by 10 per cent. The Appellant remained hospitalised for about a month and under plaster for one and a half month. Dr. V.K. Taore treated the Appellant, who issued a certificate, Exh. A/10, whereby the disability was assessed to the extent of 24 per cent because of shortening of the left leg. Doctor opined that because of the injuries the Appellant can walk only with the aid of sticks and cannot lift weight.

(3.) Tribunal, after recording of evidence of the parties, held that the accident was caused because of rash and negligent driving, all the three Respondents are liable to pay the compensation jointly and severally. The claimant was earning Rs. 150.00 per month but loss of earning capacity was assessed at only Rs. 500.00(Sic. Rs. 50.00) per month. No compensation was awarded towards mental pain and sufferings. The total compensation awarded was Rs. 5,000.00 towards general damages and Rs. 150.00 towards expenses of medical treatment. This amount carried interest at the rate of 6 per cent per annum from the date of application till payment. Aggrieved by this award, passed by First Member of the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 40 of 1979, the claimant has preferred this appeal for enhancement of compensation.