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2002 Supreme(Chh) 69

FAKHRUDDIN
Abdul Wahid – Appellant
Versus
Babbu – Respondent


JUDGMENT

Fakhruddin, J.

1. Heard learned Counsel for the parties.

2. The claimant/appellant has preferred this appeal against the award dated 31-7-1990 passed by the 4th Additional Motor Accident Claims Tribunal, Durg for enhancement of the amount awarded.

3. The accident occurred on 1-6-1988. While the claimant was travelling in a Bus No. M.K.T. 1116 belonged to Durg Travels Pvt. Ltd., another Bus No. C.I.S. 8178 dashed the first bus from behind, as a result of which, the applicant received injuries on right hand and forehead. He was admitted in the Government Hospital, Durg. He was operated upon and a steel rod was inserted in his right hand. When he could not improve, the steel rod was removed from the right hand. The treatment continued for about a year. It is said that at the time of accident he was earning Rs. 5,000/- per month. He had also to engage a servant paying Rs. 450/- to him. For medicines, he had incurred Rs. 3000/-. It is said that because his right hand has been permanently disabled, even he is not in a position to give and take. The appellant claimed compensation of Rs. 1,00,000/-.

4. The Tribunal accepted the contention of the claimant that the driver of the other bu























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