DARMIYAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal, under Section 173 of Motor Vehicles Act, 1988, has been pre­ferred against the judgment and award dated 31.12.2003 passed by Motor Ac­cident Claims Tribunal/District Judge, Pauri Garhwal, in MACT No. 12/2002, Darmiyan Singh versus Union of India.

(2.) BRIEFLY stated the facts, as nar­rated in the claim petition, are that on 24.2.1998 SSB Truck No. UP-08-1949 met with an accident near Rampur (UP) during the course of performance of Lok Sabha election duty. In the said acci­dent, backbone of claimant was badly damaged and he became 100% physi­cally disabled. It has also been alleged that the said accident had occurred on account of rash and negligence of driver. After the accident claimant remained admitted w.e.f. 24.2.1998 to 1.2.1999 in various hospitals for his treatment and thereafter he was declared unfit for the service. The claimant was 30 years of age at the time of accident and he was getting salary of Rs.6000/- per month. It has further been alleged that about Rs. Two Lacs was spent on the treatment of claimant and therefore the claimant claimed a sum of Rs.15,00,000/- as compensation against opposite party under different heads.

(3.) THE learned Tribunal on the ba­sis of pleadings adduced by the par­ties framed following issues :