BRIJ MOHAN HARBANS LAL Vs. SUNIL KUMAR GUPTA

JUDGEMENT

(1.) The Appellant has filed the present appeal against the impugned judgment dated 10th May, 1996, passed by Shri Rakesh Kapoor, Judge, MACT vide which the learned Tribunal awarded a sum of Rs. 1,65,000/- as compensation to the Appellant and also awarded 12% per annum interest on the awarded amount from the date of filing of the petition till realisation.

(2.) By way of present appeal, appellant wants compensation amount to be enhanced to Rs. 3,00,000/- as claimed by him in the petition.

(3.) Brief facts of this case are that on 1st July, 1988, at about 8.40 a.m. the appellant was standing in front of shop No. F-755, M/S. Khurana Provision Store, Ganesh Nagar, Delhi. In the meanwhile, Car No. DEA-5394 came from the side of Patparganj railway crossing being driven rashly, negligently and at a high speed. Respondent No. 1, the driver of the car, instead of driving the car on its correct side, swerved the car towards the extreme right corner of the road and knocked down the appellant who was standing in front of the aforesaid shop. The appellant sustained grievous injuries on leg and abrasions on all parts of the body which later on turned into permanent disability resulting in amputation of the right leg. Appellant filed claim petition claiming compensation of Rs. 3,00,000/-.