BHAWANI SINGH, A.K.MISHRA
Sudhir Kumar And Anr. – Appellant
Versus
Pramod Kumar – Respondent
Bhawani Singh, C.J.
1. Both the appeals (M.A. No. 985/98 - Sudhir Kumar v. Pramod Kumar and Anr., and M.A. No. 999/98 - Ramgopal v. Pramod Kumar and Anr.) are proposed to he decided by this common judgment, as the question for determination is almost the same arising out of the same accident, though the Claims Tribunal has decided by separate awards passed in Claim Case No. 15/96 and Claim Case No. 14/96.
2. Sudhir Kumar and Ramgopal (father) were on Rajdoot Motorcycle. They were going to village Kamthi. On 25-10-1995 at about 5 p.m., when they reached near village Mahuwa, Pramod Kumar (non-claimant No. 1) driving the truck rashly and negligently, hit the motor-cycle. The claimants in both the cases, suffered injuries. Both the claimants were shifted to the Hospital at Pipariya, wherefrom they were shifted to Jabalpur and they were admitted in private hospital. Sudhir Kumar (Claimant) remained unconscious for 20 days due to head injury and also lost memory. That apart, there was fracture in the right leg and for treatment of which, iron rod had been inserted. For shifting him to hospital at Jabalpur, he spent Rs. 2000/- on four persons. During the year 1995-96, he could not do w
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