RESHAMPAL Vs. LAXMAN SINGH DAROGA & ORS

JUDGEMENT

(1.) The present appeal is filed seeking enhancement of compensation as given by the Award dated 19.12.2011. The claim petition was filed by the appellant under Sections 166 and 140 of the Motor Vehicles Act, 1988.

(2.) The brief facts are that on 07.06.2008 the appellant/claimant along with the driver Subhash was going to Rohtak from Muzaffar Nagar by truck, driven by Subhash. At around midnight on Shamli-Panipat Road, the driver stopped the truck alongside the road to answer the call of nature and the appellant was cleaning the truck from inside. A trailer loaded with iron sheets said to be driven by its driver in a rash and negligent manner came from Panipat side and hit the stationary truck from the right side. As a result of the accident the body of the truck was badly damaged. The appellant suffered crush injuries of both the legs.

(3.) Based on the evidence on record the Tribunal concluded that the accident took place due to the rash and negligent driving of the driver of the trailer.