G.S.SINGHVI, ASOK KUMAR GANGULY
Sanjay Batham – Appellant
Versus
Munnalal Parihar – Respondent
JUDGMENT
G. S. Singhvi, J.
1. Leave granted.
2. Feeling dissatisfied with the enhancement granted by the Madhya Pradesh High Court in the amount of compensation awarded to him by 8th Motor Accident Claims Tribunal, Gwalior (for short, ‘the Tribunal’), the appellant has filed this appeal.
3. 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 compensation of Rs. 4,20,000/- with interest. The claim of the appellant was founded on the following assertions:
(i) That the accident occurred when the scooter on which he was travelling along with his friend Sunil was hit by truck No. MKH-7787 near Sikaria Workshop at AB Road, Gwalior.
(ii) That the accident was caused due to rash and negligent driving of the truck by respondent No. 1-Munnalal Parihar.
(iii) That he was rushed to Madhav Dispensary from where he was shifted to J.A.H. Hospital. He was operated for fracture on his head, broken piece of the bone was removed and 22 stitches were given on his head.
(iv) That due to injury on th
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