SUNIL KUMAR Vs. PYAR MOHD AND ORS.

JUDGEMENT

(1.) By judgment dated 30.03.2012 in motor accidents claim petition No. 1123/2010, the Motor Accident Claims Tribunal, ("the Tribunal") awarded compensation in the sum of Rs. 19,20,961/ - with interest in favour of the appellant, with suitable directions about its protection, for the injuries suffered by him on 27.10.2007 in a motor vehicular accident involving truck bearing registration No. HR -55F -9582 ("the offending vehicle"). The appellant, feeling aggrieved with the assessment of compensation, has come up through the appeal at hand under Sec. 173 of the Motor Vehicles Act, 1988 ("the MV Act") seeking enhancement.

(2.) Certain facts are no longer in dispute and may be noted at the outset. It has been found, upon enquiry by the Tribunal, that the appellant, then aged 33 years and working as a sweeper (under contract) of the Municipal Corporation, Ghaziabad, U.P. moving on his bicycle on 27.10.2007 was hit by the offending vehicle driven by Pyar Mohd. (the first respondent before the Tribunal) in a rash/negligent manner, from behind, in the area of village Dundahera bye -pass of Ghaziabad, U.P., as a result of which he fell down and his right leg was badly crushed. The offending vehicle was owned by Raj Kumar Gupta (the second respondent before the Tribunal) and was concededly insured with the third respondent herein for the relevant period against third party risk.

(3.) The appellant proved through uncontroverted evidence before the Tribunal that he remained admitted in a hospital, for treatment on account of injuries suffered till 06.11.2007 and during the said hospitalisation his right leg was amputated below knee by a surgical procedure on 01.11.2007 rendering him permanently disabled. He proved the said medical condition, and the disability, through the evidence of Dr. Binod Kalita (PW -2), orthopaedic specialist, LBS hospital, Delhi on the basis of documentary evidence (Ex.PW -1/110), the disability having been assessed by the Board of Doctors as 80% in relation to the right lower limb.