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2003 Supreme(MP) 343

N.K.JAIN, DEEPAK VERMA
Ramandeep Singh – Appellant
Versus
Mohd. Hasan – Respondent


Advocates:
V.S. Chouhan with M.S. Chouhan for appellant; H.C. Shukla for respondent No.3

JUDGMENT

Heard on I.A. 632/03, which is allowed and service of notice on respondent No.2, the driver of the offending vehicle and who was ex-parte before the Tribunal below, is dispensed with.


Heard on merits.


For the multiple fractures sustained by appellant Ramandeep Singh in a motor accident involving the motor vehicle driven by respondent No. 2, owned by respondent No. 1 and insured with respondent No.3, the National Insurance Co. Ltd., the Tribunal below has awarded a meager sum of Rs. 95,000/- as compensation to the appellant-claimant, a young man aged 22 years.

There is evidence on record to show that as a result of the said accident the appellant sustained fractures in his left femur, mandible and cheek bones besides loosing his eight teeth. He had to undergo prolong treatment in T. Choithram Hospital, Indore and was operated upon thrice by various doctors. Treatment bills to the tune of about Rs. 1,50,000/- were produced though in instalments, before the Tribunal below. The Tribunal has awarded Rs. 30,000/- only towards treatment, Rs. 40,000/- towards the said disability, Rs. 15,000/- for pain and suffering, Rs. 5,000/- for special diet and Rs. 5,000/-.




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