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Madhya Pradesh High Court · body

1994 DIGILAW 908 (MP)

Abhay Kumar v. Chaitanya Kumar

1994-12-13

U.L.BHAT

body1994
JUDGMENT Respondent aged 18 years, while sitting in the tractor, belonging to two of the appellants, which was driven by the third appellant, sustained injury in the accident, involving the vehicle. He fell down and wheel of the tractor ran over his right thigh, resulting in fracture. Alleging that the accident was the result of rash and negligent driving of the tractor and he has suffered permanent disability, he filed a petition against the owner and driver of the vehicle, claiming compensation of Rs. 84,807/-. The appellants denied that there was any accident and pleaded that the claimant fell down from the tractor and has not suffered any permanent disability. The Tribunal upheld the claimants case and passed an Award of Rs. 13,335/against all the appellant" and ordered payment of interest thereon @ 6% per annum, and costs This award is challenged by the owners and driver of the vehicle, who have been made liable to pay compensation. The evidence of the claimant, examined as A.W. 3 is to the effect that the tractor, which was driven at an excessive speed, dashed against a raised platform, as a result of which, the claimant fell down. One of the wheels of the tractor ran over his leg. The trolley of the tractor was loaded with sand. I find no reason not to act on the testimony which was acted upon by the Tribunal. That being so, the liability of the appellants is established. Medical evidence shows that the claimant sustained fracture on the right thigh and had to be operated. Iron rod has to be inserted to support the fractured bone. He was undergoing treatment for a long period. He must have suffered considerable degree of pain as a result of the accident and during the course of treatment. The evidence is that he is not able to bend his thigh or to sit down on the floor, or to play games or to move actively. Undoubtedly, his movements are permanently affected. Having regard to these circumstances, there is no reason to hold that a sum of Rs. 13,335/- awarded as compensation is excessive. I find no reason to interfere with the impugned order. The appeal is dismissed, but without costs.