MASTER ANIL KUMAR Vs. RAM KISHAN

JUDGEMENT

(1.) THIS is an Appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as in short the 'act') against the judgment dated 21. 4. 1999 corrected by an order dated 27. 5. 1999 passed in Suit no. 740/1992 by the Motor Accident Claims tribunal (hereinafter referred to as in short the Tribunal' ).

(2.) IN the judgment in appeal the Tribunal has awarded the Appellant a total compensation in the sum of Rs. 1,80,000/ -. However, the interest @ 12% pa has been awarded only on a sum of Rs. 30,000/ -. Apart from other issues this itself has been raised as a separate issue in the appeal, which I shall deal with in the latter part of my judgment.

(3.) BEFORE I deal with the issues raised in the Appeal, the following facts which are relevant for disposal of the Appeal are set out hereinafter: on 21. 6. 1992 the Appellant accompanied by his mother was standing in one of the lanes to his house situated in Jaffar Pur Kalan, New delhi when, a truck bearing Registration no. HR-26a-7646 (hereinafter referred to as in short the 'offending Vehicle') entered the lane and hit the petitioner on his right leg. The appellant at this point in time was seven (7)years of age. As a result of this accident, the appellant suffered grievous injury to his right leg which got crushed because of the impact. The Appellant was admitted to the Deen Dayal upadhyay Hospital and thereafter referred to dr. Ram Manohar Lohia Hospital where he lay admitted till 16. 7. 1992.