GENDURAM Vs. DAGESH KUMAR

JUDGEMENT

(1.) The injuries sustained by a minor boy aged 5 years causing fracture to his left leg in a road traffic accident involving the motorcycle ridden by the Appellant were ordered to be compensated with an extent of Rs.59,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its realization, if deposited within two months, or else to pay interest at the rate of '9%' per annum; correctness of which is put to challenge in this appeal preferred by the Rider of the motorcycle.

(2.) The factual matrix reveals that on 21.04.2013, the Appellant was riding a motorcycle bearing registration No.CG 04 ZN 3979 and at about 6.00 p.m. when he reached the place of occurrence, the vehicle knocked down the minor boy by name Dagesh Kumar, causing fracture to his left tibia and such other injuries; which led to the Claim Petition preferred before the Tribunal.

(3.) In fact, the vehicle ridden by the Appellant was at the registered ownership of the 2nd Respondent and admittedly there was no insurance coverage in respect of the said vehicle on the date of accident. After discharge from the hospital, a Claim Petition was filed before the Tribunal, seeking compensation under various heads; which was sought to be resisted from the part of the Respondents rider and owner of the motorcycle. The dispute was only with regard to the negligence and also the quantum of compensation claimed. According to the Appellant, there was no rashness or negligence on his part in riding the vehicle and the accident occurred only when the minor boy, standing on the side of the road, suddenly tried to cross the road without paying any heed to the horn allegedly blown by the Appellant/Rider. A criminal case was also registered against the Appellant as accused at Police Station - Sahaspur Lohara by way of Crime No.117/2013 in respect of the offences under Sections 279 , 337 and 338 of the IPC. Based on the pleadings and evidences, the Tribunal came to a conclusion that the accident had occurred because of the negligence on the part of the Rider of the motorcycle. After considering the facts and figures, a sum of Rs. 20,000/- was awarded towards pain and suffering; a lump-sum of Rs.25,000/- towards the grievous injuries sustained; Rs.9,000/- towards medical expenses and a sum of Rs.5,000/- towards special diet, thus awarding a total compensation of Rs.59,000/-. Since, there was no valid insurance coverage, the liability was required to be satisfied with interest as mentioned already, by both the Rider and the Owner of the motorcycle. The challenge is against the finding and reasoning in respect of negligence and also as to the quantum of compensation awarded.