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Judgment
K. Govindarajulu
Though the matter had come up for admission, with the consent of both parties, it is taken, for consideration on merits.
The claimant in MVC No. 227/2007 on the file of Civil judge (Sr.Dn), &. MACT, C.R.Patna, is the appellant in this appeal.
The case of the claimant is, that on 26,4.2007 at about 11.00 a.m., white he was moving in his bullock cart, the driver of the tanker lorry bearing Registration No. 19 C 8266 has driven the vehicle rashly negligently and hit the bullock cart, en account of it, the bullock cart got damaged, the bullocks died, the claimant sustained injuries. For the pain and agony suffered by the claimant, towards damage of bullock cart and loss of bullocks, seeks for compensation.
After framing of the issues, PW.1 is examined. Exs.P1 to P9 ere marked. The learned member of the Tribunal has awarded a sum of Rs.59,000/- with interest at 6% p.a.
Advocate for claimant seeks for enhancement of compensation, or the ground that injuries to person, damage to cart, death of bullocks are not carefully considered by the Tribunal. So, seek for enhancement
The submission of the learned counsel for the Insurance Company is that, necessary papers are not furnished by the learned counsel for the appellant. Secondly, it is contended that the injuries sustained by the claimant being simple in nature end the age of the bullock not being spelt out, the approach of the Tribunal is proper. So, pray for dismissal of the claim application.
The material submissions disclose that the accident is net disputed. Actionable negligence is not disputed. Out of the three injuries suffered by the claimant, two are certified as simple in nature and the the other as grievous in nature. If the claimant had suffered any disability, he would have led the evidence of an expert or atleast a doctor. No such evidence is forthcoming. So, the claimant is not entitled for compensation about his injuries. In regard to death of bullocks is concerned, the bullocks being the working capital for an agriculturist, the compensation requires enhancement. So, a further sum of Rs.15,000/- is awarded towards the death of bullocks. Similarly, an additional sum of Rs.3,000/- is awarded towards damage of the cart. The claimant is entitled for enhanced compensation of RS. 18,000/-. It shall carry interest at 6% from the date of application till deposit Respondent is directed to deposit in three months,
Accordingly, The appeal is allowed in part.