APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT 1988

 

IN THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH

 

M.A. No: _______of 200X

                                                              Appellants

 

 

Versus

 

1.  V Driver

  

 

2.  B Owner  

 

3. Regional Manager, National Insurance Co. Ltd.,

   13 Old Palasia, Indore.                            Respondents

 

APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT, 1988 AGAINST ORDER DATED 00.00.200X PASSED BY THE LD. COURT OF MOTOR ACCIDENT CLAIM TRIBUNAL IN CLAIM PETITION NO.113 OF 200X FOR ENHANCEMENT OF COMPENSATION TO RS.00,00,000/-.

 

Sir,

Following appeal is presented as per rule:-

Brief facts of the case:

1.  That on 02.11.200X appellant was riding scooter No. MP 13_________as pillion and was going to Dewas from Ujjain.  When the scooter reached at Matana Chandesra road on Ujjain – Dewas Road, Opposite Party No.1, who was driving vehicle no. MP-_____rashly and negligently, hit the scooter whereby Appellant and A received a lot of injuries.  A report was lodged to the Police about the incident. Rod has been inserted in the right hand of the Appellant. The appellant received fracture as a result thereof the appellant is unable to lift his hand. And there is fracture in the right leg below the west and knee and rod has been inserted there. As a result thereof the length of leg is shortened. Due to the injuries the appellant is unable to walk without help of any support. The Appellant has suffered his memory. An eye of the Appellant has also got damaged. As a result of the accident the appellant was forced to keep his shop closed for his treatment and the Appellant has been able to operate his shop only recently as his financial condition became very miserable. The appellant has presented Claim Petition in regard of the accident which was numbered as Petition No.___ of 200X wherein the Tribunal vide order dated 00.00.200X awarded a compensation of Rs.x,x5,x82/- which is very inappropriate. Thus the present appeal is filed within a period of limitation excluding time taking in procuring certified copy of order.

Grounds of appeal: 

 

1.    That the order dated 00.00.200X as passed by the Second Motor Accident Claim Tribunal, Dewas is against the law and liable to be set aside.

 

2.    That the Second Motor Accident Claim Tribunal, Dewas has not awarded the entire expenses incurred.  The bill for about Rs.xx,000/- as presented by the appellant on account of expenses on operation conducted for four times has not been considered.  Besides that no other amount has been awarded.  He had been got operated at Indore and he had got treatment at Delhi also. During the period he remained admitted in the hospital attendants used to be there for his care and on that account the appellant has to spend Rs.xx,000/-.  On this ground also the amount of compensation is liable to be enhanced.

 

3.    That Second Motor Accident Claim Tribunal, Dewas has awarded minimum amount on loss of leave and loss of income in award dated 00.00.200X in Claim Petition No.____ of 200X, therefore compensation is liable to be enhanced.  When Doctor has certified that the appellant has suffered xx% permanent disability and when the appellant was unable to walk without walker and is unable to speak properly even before the Court also. In those circumstances the court should have awarded compensation considering full permanent disability. Therefore, the award as passed without consideration of the same is liable to be enhanced.

 

4.    That Second Motor Accident Claim Tribunal, Dewas vide order dated 00.00.200X in Claim Petition No.____ of 200X has awarded no compensation on account of permanent disability suffered by the appellant whereas leg of the Appellant has shortened and his one eye has been damaged. He is unable to the life of companion.  No compensation has been awarded to the appellant on damages suffered on that account, therefore the compensation is liable to be enhanced.

 

5.    That the Second Motor Accident Claim Tribunal, Dewas vide order dated 00.00.200X has awarded no compensation on account of mental and physical pain, therefore the compensation is liable to be enhanced.

 

6.    That the appellant be allowed to raise any other ground at the time of argument.

 

PRAYER:

Therefore the appellant by way of this appeal prays that the appeal be accepted and a compensation of Rs.0x,xx,000/- be awarded with costs of this litigation as well as other litigations against the respondents.  The appellant may also be awarded an interest from the date of presentation of this appeal till realisation of the amount.

 

Dated: 01.0x.200X                                  

Appellant

                                    Through

Counsel