The negligent driving leading to a motor accident and the assessment of compensation for personal injuries under the Motor Vehicles Act, 1988.

( 1 ) THIS appeal is directed against the award of 9th Additional motor Accidents Claims Tribunal, jabalpur, in M. C. C. No. 88 of 1995, dated 18. 10. 1996.

( 2 ) ON 18. 7. 1991, the claimant was coming from Shashtri Bridge Road, Napier town, Jabalpur, towards Home Science college, at 7. 30 p. m. , on his scooter No. MPK 9549. When he reached in front of the office of Mr. Keshwarwani, Advocate, subodh Mandvikar, the respondent No. 1, coming from opposite direction, namely, madan Mahal Police Station, riding his scooter No. CIK 180, dashed against the claimant. This happened because Subodh was driving the scooter rashly and negligently. The result was that the claimant suffered several injuries including compound fracture in his left leg, fracture of tibia and fibula. He was admitted in the medical College, Jabalpur. Since proper arrangement for treatment was not available to him there, he shifted to a private hospital of Dr. Jitendra Jamdar in the city of Jabalpur. Accordingly, he was operated and plastered in the left leg for 6 weeks up to 14. 11. 1991. Claimant was working with his father, a tax practitioner. Compensation of Rs. 2,45,000 is claimed, but award is for Rs. 25,000.

( 3 ) THE defence of respondent No. 1 in this case has been that the accident happened since the claimant failed to give side indication and turned to his side, therefore, Subodh was not driving the scooter rashly and negligently. According to the insurance company, both the vehicles were responsible for this accident, therefore, jointly responsible for compensation. It is submitted that the insurance company with which scooter was insured, ought to have been impleaded party to this case and the claimant did not possess a valid driving licence to drive the scooter.

( 4 ) ON the pleadings of the parties, the claims Tribunal framed nine issues. The parties led evidence and the Claims Tribunal held that the accident took place due to rash and negligent driving of scooter by subodh Mandvikar and the claimant was not responsible. As a result of this accident, permanent injuries are suffered by the claimant, but he is not entitled to the extent compensation prayed for.

( 5 ) THE scooter was insured with United india Insurance Co. Ltd. and the scooter did not suffer damage of Rs. 2,000 and it was not necessary to implead the insurance company with which the scooter of the claimant was insured. Ultimately, compensation of Rs. 25,000 has been awarded with interest at the rate of 12 per cent per annum.

( 6 ) THERE is no dispute with regard to taking place of the accident. From the evidence, it is clearly established that the accident was caused by Subodh Mandvikar due to rash and negligent driving of scooter. In this accident, the claimant suffered serious injuries including fracture of tibia and fibula. He has been subjected to operation two times. Therefore, he must have underwent great pain and suffering. He must have spent on treatment, transport, attendant, special diet and so on. Mr. J. P. Agrawal places before us decision in Prem narayan Sharma v. Sunil Gupta, 2003 ACJ 1584 (MP) and submits that this being a similar case, compensation be enhanced to the extent stated in Prem Narayan's case (supra ).

( 7 ) MR. Devang Trivedi, learned counsel for the respondent No. 1 and Mr. Suresh raj, learned counsel for the respondent no. 2, submit that it may be true that the claimant suffered fracture of tibia and fibula, but according to doctor disability is four per cent and that the claimant has been operated two times instead of five times in Prem Narayan 's case, 2003 ACJ 1584 (MP ). Therefore, the compensation has been justly awarded, looking to the facts of the case.

( 8 ) IT is found that in this accident, the claimant suffered fracture of tibia and fibula. He was treated in Victoria Hospital, medical College and then Dr. Jitendra jamdar's Hospital. He has been operated two times. Naturally, he must have undergone great pain and suffering aft