VIJAY KUMAR Vs. BAINY SINGH

JUDGEMENT

(1.) This Appeal from Order under Sec. 173 of the Motor Vehicle Act, 1988, arises out of a challenge, which has been given to an award rendered by the Motor Accident Claim Tribunal, in MACP Case No. 35 of 2007, Vijay Kumar Singh Vs. Bainy Singh and others, whereby, the learned Motor Accident Claim Tribunal, while determining the issue of entitlement of compensation to the claimant, while partially allowing the Claim Petition, by the impugned award dtd. 12/6/2009, had rendered an amount of award, which was determined to be assessed to be made payable to the claimant as to be Rs.3,18,800.00 along with interest payable on it @ 9% from the date of presentation of the Claim Petition.

(2.) The facts of the case are, that on 8/1/2006, when the claimant was going from Haldua Sahu, Jaspur to Thakur Dwara, on his way, while he was riding a cycle, he met with an accident with a tractor trolley, bearing registration No. U.A.-06D/1628. It was contended by the claimant in the Claim Petition, that on the date of the accident, the tractor trolley was being driven rashly and negligently by the driver of the vehicle, which hit the claimant from the back, due to which, he suffered with grievous injuries, because he was trapped in the rear wheels of the offending vehicle.

(3.) Though the report of the said incident was registered before the police on 20/1/2006, but the grievance of the appellant raised before the Motor Accident Claim Tribunal, was that when no action was taken against the owner of the vehicle. The claimant submitted, that owing to the gravity of injuries, which were suffered by the claimant due to the accident, he was taken to Meerut for treatment, where he was admitted in the hospital for a period of one week and he remained under treatment and that has undertaken an expenditure of approximately of Rs.2,00,000.00 for his treatment for the injuries suffered by him on account of the accident and he further submitted that since his left leg was amputated, he was determined as to have suffered from 80% of the disability, which was certified by the doctor accordingly, who was attending upon him.