HARBANS SINGH Vs. RAM SINGH

JUDGEMENT

(1.) This appeal by the claimant is directed against the award dated 7.2.2009, passed by the learned Motor Accident Claims Tribunal, Bathinda, vide which the claim petition filed by the appellant under Section 166 of the Motor Vehicles Act, 1988, was allowed and the compensation to the tune of Rs.2,19,000/- (Rupees two lac nineteen thousand only) along with interest @ 8% per annum was awarded. Costs of Rs.1,000/- (Rupees one thousand only) were also awarded to the appellant.

(2.) The case of the appellant was, that on 13.8.2005 he was employed as Cleaner on truck No. RJ-31G-3571, which was driven by Balbir Singh. Truck was going from Zirakpur to Bathinda side being driven at normal speed. When the truck reached in the area of village Ram Nagar, near petrol pump, Police Station Banur, a bus bearing PB-13N-7625 being driven by respondent No.1 rashly and negligently at very high speed, came from behind and demanded side for overtaking. Side was given to the bus. Respondent No.1 without caring for the vehicle coming from the opposite direction, tried to overtake the truck, and in the process hit a Maruti Zen car No. PB-11AA-2609, as a result of which the car fell on the roadside ditches, and the driver sustained multiple injuries.

(3.) The driver of the bus also lost control and hit the truck, with the impact that the truck turned turtle in the roadside ditches, and also hit a kikker tree. As a result of the accident, left leg of the appellant was amputated below the knee. FIR was also registered against respondent No.1 for rash and negligent driving.