ASGAR ALI Vs. MOHAN LAL GUPTA

JUDGEMENT

(1.) RAJEEV Gupta, C. J. This is claimant's appeal filed under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by Motor Accident Claims Tribu nal / Addl. District Judge, Roorkee, Dis trict Haridwar vide Award dated 20-03-2004 passed in M. A. C. T. No. 75 of 2002.

(2.) CLAIMANT Asgar Ali claimed com pensation of Rs. 14,40,000/- for the inju ries sustained by him in the motor acci dent on 11-03-2002 when, the Ambulance bearing registration No. HR 2h-4610, in which the claimant was taking his ailing relative Shabir for treatment from Roorkee to Meerut, met with an accident due to the rash and negligent driving of its driver and overturned resulting in serious injuries to the claimant. The claimant pleaded that he spent more than Rs. 1,00,000/- on his treatment and on account of the inju ries sustained by him in the accident re sulting in permanent disability to the ex tent of 55%, he has been rendered unfit to pursue his occupation as an Agricultur ist resulting in monetary loss to him.

(3.) THE Tribunal, on the evidence led by the parties, held that claimant Asgar Ali sustained injuries in the accident on 11-03-2002; those injuries resulted in permanent disability to the extent of 55%; the accident occurred due to the rash and neg ligent driving of the driver of the Ambu lance; and the insurer of the Ambulance was liable to pay compensation to the claimant.