TARLOKI NATH Vs. KIRTAN SINGH

JUDGEMENT

(1.) The appellant complains that he had suffered multiple fractures. Had to get himself admitted to the hospital on three occasions. Had undergone repeated surgeries. He is still suffering from 100 per cent disability of right arm. Despite that, he has been awarded a total compensation of Rs. 80,000 only. He maintains that it is grossly inadequate. Is it so? A few facts may be noticed.

(2.) On 4.12.1985, appellant was travelling by car No. DHD 2551 from Delhi to Kaithal. When he reached near Panipat, truck No. JKR 4087 which was driven by respondent No. 2 hit the car. The occupants suffered injuries. The claimant was initially taken in an unconscious state to the Civil Hospital, Panipat. On 5.12.1985, he was shifted to the All India Institute of Medical Sciences, New Delhi. He had remained admitted in the hospital for different intervals of time on three occasions. He had suffered a permanent disability of right arm. On these premises, the appellant had made a total claim of Rs. 2,00,000.

(3.) Respondent Nos. 1 and 2, viz., the owner and driver of the vehicle had not put in appearance or filed any reply. The insurer had filed a written statement. On a perusal of the pleadings of the parties, the Tribunal had framed the following three issues: (1) Whether injuries were caused to the petitioner by rash and negligent act of driving truck No. JKR 4087 by the respondent? OPP (2) Whether petitioner is entitled to compensation, if so, how much and from whom? OPR (3) Relief.