TRILOK SINGH Vs. REKHA BADWAL

JUDGEMENT

(1.) THIS is an appeal against the judgment and award dated 03.06.2004 passed by learned Motor Accident Claims Trihunal. Chamoli (hereinafter referred to as the Trihunal) in M.A.C.T. Case No. 15 of 2003 Trilok Singh v. Smt. Rekha Badwal and others by which the Tribunal has awarded a compensation of Rs. 2,20,000/ - along with interest @ 9% per annum payable from the date of filing of the petition till the date of actual payment.

(2.) BRIEF facts giving rise to this appeal arc that on 01.12.2002. the claimant was waiting for vehicle on road side at Talla Nagwad (Gopeshwar) to go to home. At the same time at about 2 p.m. all of a sudden a vehicle (Truck No. U.A. -07 -C -9883), which was being driven rashly and negligently by the driver Opp. Party No. 1 hit Sri Trilok Singh (here in - after referred to as claimant). The claimant became unconscious and suffered a fracture. On account of aforesaid injuries he had to remain admitted in District Hospital Gopeshwar and his right leg was amputated from above the knee. He has become 80% handicapped. It has been staled by the claimant that he has to spend about Rs. 50.000/ - on his treatment.

(3.) THE claimant has submitted that he used -to earn Rs. 8,000/ - per month from the business.