JIT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JIT Ram has filed the present appeal and it has been directed against the award dated 5.4.1995 passed by the Motor Accident Claims Tribunal, Gurdaspur who partly allowed the claim petition of the appellant and awarded a sum of Rs. 1,00,000/- as compensation, payable by respondents No. 1 to 3 jointly and severally with interest at the rate of 12% per annum from the date of filing of the petition till its realisation.

(2.) THE brief facts of the case are that Shri Jit Ram, the present appellant, filed a claim petition under Section 166 of the Motor Vehicles Act against the Punjab State through its Secretary, General Manager, Punjab Roadways, Hoshiarpur and Tarsem Singh driver by making allegations that on 14.5.1992 the appellant was coming from Pathankot towards Sarna on Scooter No. PB-35/1797 and when he reached near petrol pump of Harnam Singh, respondent No. 3, while driving bus No. PJG 2007 rashly and negligently without blowing any horn struck against the scooter of the appellant and as a result of that the appellant fell down and received multiple injuries. The learned counsel- appellant was rushed to Civil Hospital, Pathankot where both the legs were amputated due to the injuries. The petitioner alleges that he was 60 years of age at the time of the accident. He was self-employed and was earning Rs. 6,000/- per month. He spent Rs. 40,000/- on his medical treatment. A report was also lodged with the police station Sadar Pathankot and FIR No. 109 dated 14.5.1992 under Sections 279/337/338 IPC was registered. The petitioner with the above allegations claimed compensation to the tune of rupees eight lacs.

(3.) NOT satisfied with the award the present appeal has been filed.