5,000/ Medical expenses Rs.10,000/ Pain and suffering Rs.5,000/ 4 Special diet Rs.5,000/ The Tribunal also awarded interest at the rate of 9 per annum from the date of filing the claim petition till realisation.
The claim of the appellant was founded on the following assertions That the accident occurred when the scooter on which he was travelling along with his friend Sunil was hit by truck No.
56,000/ for pain and suffering and loss of marriage prospects.
The owner and the driver of the truck did number companytest the claim petition.
50,000/ for treatment and Rs.
4,20,000/ with interest.
On an appeal filed by the appellant, the learned Single Judge of the High Court re appreciated the evidence produced by the parties and determined the amount of companypensation by taking the appellants income to be Rs.
That he was rushed to Madhav Dispensary from where he was shifted to J.A.H. Hospital.
The learned Single Judge also awarded Rs.
However, the rate of interest was reduced from 9 to 7 per annum.
He was operated for fracture on his head, broken piece of the bone was removed and 22 stitches were given on his head.
After companysidering the pleadings and evidence of the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the truck by respondent No.
That the accident was caused due to rash and negligent driving of the truck by respondent No.
In the reply filed on behalf of respondent No.
That due to injury on the head, left part of his body was paralyzed and he was number able to do the work which he was doing prior to accident.
1500/ per month.
1 Munnalal Parihar.
S. Singhvi, J. Leave granted.
Feeling dissatisfied with the enhancement granted by the Madhya Pradesh High Court in the amount of companypensation awarded to him by 8th Motor Accident Claims Tribunal, Gwalior for short, the Tribunal , the appellant has filed this appeal.
P 20, which revealed that the appellant had suffered 45 temporary disability in his left hand and proceeded to award companypensation under the following heads Loss of earning Rs.
3 the National Insurance Co. Ltd., all possible objections were raised and it was pleaded that the accident was number caused due to rash and negligent driving of the truck and, in any case, the insurer was number liable to pay companypensation because the driver of the truck did number have a valid driving licence.
The appellant, who sustained grievous injuries on the head, right shoulder, back bone and other parts of the body in an accident which occurred on 9.5.1996, filed a petition under Section 166 of the Motor Vehicles Act, 1988 for short, the Act for award of companypensation of Rs.
The Tribunal then companysidered the evidence of Dr. N. D. Vayas, Head of Neurosurgery Department of J.A.H. Hospital and the disability certificate Ex.
We have heard learned companynsel for the parties and carefully perused the record.
MKH 7787 near Sikaria Workshop at AB Road, Gwalior.
That the prospects of his marriage had been companysiderably reduced and he will number be able to lead numbermal life.
The learned Single Judge applied the multiplier of 16 and companycluded that the appellant was entitled to a sum of Rs.
He assessed the disability of appellant to be 50 and held that loss of earning would be Rs.
750/ per month.
