GURCHARAN SINGH Vs. AMRIK SINGH AND ANR

JUDGEMENT

(1.) This appeal for enhancement is directed against the award dated 01.10.1993, passed by Motor Accident Claims Tribunal, Ambala, (herein referred as 'the Tribunal') awarding compensation to the tune of Rs. 60,000/- alongwith interest @ 12% per annum in favour of the appellant-claimant (herein referred as 'the claimant') on account of leg injuries suffered by him resulting into shortening of leg by 11/2 inches on account of the rash and negligent act of respondent No. 1.

(2.) Briefly stated the facts are that on 15.04.1991 at about 3:50 p.m. Gurcharan Singh claimant, conductor of the bus, was going on foot from Haryana Roadways Workshop to main Bus Stand, Ambala City on his right side of the road and when he reached near Mixi Chowk, Ambala City, then respondent No. 1, while driving the bus bearing registration No. CH01- G-5230 rashly and negligently came from the side of Chandigarh and struck against the claimant as a result of which his both legs were crushed under the rear tyre of the bus. The claimant was shifted to Civil Hospital, Ambala City, thereafter to PGI, Chandigarh where he remained admitted w.e.f. 15.04.1991 to 13.07.1991. Thereafter he again continued visiting PGI, Chandigarh for follow-up treatment. The FIR against respondent No. 1 was registered. However, he also filed a claim petition against the respondents which was contested by them raising preliminary objections and denied that the accident took place as a result of rash and negligent driving of respondent No. 1.

(3.) From the pleadings of the parties, following issues were framed: