Permanent disability due to negligent driving merits enhanced compensation, emphasizing the need for adequate assessment of medical expenses and loss of earnings per established legal principles.

1. This appeal is preferred against the award dated 7.8.1999 passed in Claim Case No. 179 of 1997 by Second Additional Motor Accidents Claims Tribunal, Durg (for short 'the Tribunal'), for enhancement of the compensation.

2. It is not disputed that respondent No. 2 is the registered owner of jeep bearing registration No. MKT 396 and respondent No. 1 was his employed driver. It was also admitted that respondent No. 3 was the insurer of the vehicle and the insurance policy was effective from 17.4.1995 to 16.4.1996. The appellant / applicant presented a claim petition under S.166 of the Motor Vehicles Act (for short 'the Act' ) before Tribunal, Bhilai alleging that at about 7 p.m. on 9.7.1995 when he was riding a motor cycle bearing registration No. MP 24 - B 6397, the offending vehicle (jeep) bearing registration No. MKT 396, driven by the respondent No. 1 rashly and negligently dashed against the appellant causing grievous injuries on his leg and body and his motor cycle was also damaged. An offence was registered against respondent No. 1 in Police Station Supela and he was charge - sheeted. It was stated that the appellant suffered compound fracture of tibia and fibula bones of his left leg. He has undergone long treatment and several operations, even then, he has been disabled permanently. The appellant had a business of rubber factory in Devada, District Rajnandgaon. Because of his disability, he is unable to do any work and has lost his business. He had to spend a huge amount for his treatment and also incurred expenditure on travelling, assistance, special diet, etc. It was prayed that compensation be awarded under the heads of treatment, expenditure on assistance, travelling and special diet, loss of business, future treatment, etc.

3. Respondent Nos. 1 and 2, apart from the above facts, denied the contents of the claim petition and stated that it was the appellant himself who was driving negligently and dashed against the stationary jeep from behind and hence, he himself is responsible for this accident. Denying liability for compensation, they prayed for dismissal of the claim. The respondent No. 3 categorically denied each and every averment in the claim petition and denied the liability to pay compensation to the appellant.

4. The learned Tribunal after framing the issues afforded opportunity to both the parties for leading evidence and submitting arguments and thereafter the impugned award was passed. It was held that the appellant got injured and suffered permanent disablement because of the accident caused by rash and negligent driving of jeep by respondent No. 1. No specific finding has been given regarding liability of respondent Nos. 1, 2 and 3 but respondent No. 3 was held liable to pay compensation. The Tribunal by the impugned award held that the appellant was entitled for an amount of Rs.4,00,000 as compensation in lump sum with a direction to adjust / deduct the interim compensation, if any, was paid.

5. The grounds urged in appeal are that the compensation awarded by the learned Tribunal is too low which requires to be enhanced. The learned Tribunal has not appreciated the documents produced and proved by the appellant and the statements of the witnesses supporting his case. The learned Tribunal ought to have awarded compensation for medical expenses on the basis of proved receipts and cash memos to the extent of Rs.5,54,000. The learned Tribunal ought to have allowed reasonable expenses for future treatment to the tune of Rs.1,00,000. It was proved by medical evidence that the appellant suffered disability due to the