PRADEEP KUMAR Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) Present appeal under section 173 of the Motor Vehicles Act, 1988 (for short as 'the Act') for enhancement of compensation has been filed by the appellant who is the injured in this case.

(2.) Vide the impugned judgment dated 12.7.2005 passed by Dharmesh Sharma, Judge, M.A.C.T., Delhi (for short as 'the Tribunal'), a sum of Rs. 13,46,360 was awarded as compensation to the appellant along with interest at the rate of 6 per cent per annum from the date of filing of the petition till realization.

(3.) Brief facts of this case are that on 12.6.2004 at about 1.30 p.m., the appellant was travelling in DTC bus bearing No. DL 1P-B 6517 and was going from Peera Garhi, Delhi to Bahadurgarh. When the bus reached Bahadurgarh Bus Stand and the appellant was in the process of alighting from the bus, respondent No. 2 Prakash who is the driver started the bus in a rash and negligent manner. As a result thereof, appellant fell down and his right arm was crushed by the tyre of the bus. Due to the impact the appellant also sustained head injuries and abrasions on other parts of the body. He was hospitalised and later on his right arm had to be amputated by the doctors. Appellant was 45 years of age at the time of accident and amputation of his right hand has resulted in permanent disablement and left him and his family on the verge of vagrancy.