HARISH CHANDRA BHATT Vs. PUSHKAR SINGH QUEERA

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award, dated 07.11.2003 passed by the Motor Accident Claims Tribunal/Add!. District Judge. Nainital (for short the Tribunal) in Claim Petition No. 91 of 2003, whereby the learned Tribunal awarded compensation of Rs. 50,717/ - along with interest @ 7% per annum. Aggrieved, the claimant has come up in appeal for ehancement of compensation mainly on the ground that the compensation awarded was inadequate.

(2.) RELEVANT facts are that claimant Harish Chandra Bhatt was returning to his house from Kusumkher (Haldwani) on bicycle on 25.11.2002 at about 9.30 a.m. Near D.AV School, a Maruti Car No. UP 02 -7038 driven rashly and negligently by its driver came from the front side and heavily dashed the claimant. According to the claimant, he was brought to Joshi Bone Hospital, where he remained admitted for 14 days. He was operated upon and steel rod was inserted in his leg for two years. H~ has not recovered fully. Report of accident was lodged on 26.11.2002 by his father. The claimant incurred more than Rs. 50,000/ - and he became permanently disabled. Claimant's business also paralyzed, which he started after taking loan hence claim petition was filed for compensation of Rs. 7,00,000/ -.

(3.) OWNER of the offending car filed his written statement alleging therein that the car was dully insured with New India Assurance Company and that the Maruti Car was being driven by a skilled person having a valid driving licence.