AKASH Vs. BALJIT SINGH

JUDGEMENT

(1.) This is an appeal of the claimants for enhancement of compensation. The claimant-appellant is a minor, who has brought this appeal, through his father, Naresh Kumar. He has suffered 100% permanent disability and in his petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act"), learned Motor Accidents Claims Tribunal, Yamunanagar has awarded compensation in a sum of Rs. 3,43,000/- vide award dated 2.2.2010. The claim of the appellant is as under :-

(2.) From Gaba Hospital, Yamuna Nagar, Akash was taken to Government Medical College, Chandigarh, where he remained admitted upto 24.6.2008, from where he was taken to Saini Children Hospital, Ladwa where he remained admitted upto 26.6.2008 and then he was taken to PGI, Chandigarh, where he remained admitted for one month. He was also referred to PGI, Rohtak where he remained admitted for 11 days. A sum of Rs. 3.00 lacs was spent on his treatment including special diet, transportation and attendant. A sum of Rs. 10.00 lacs has been claimed as compensation.

(3.) The claim petition is resisted by the respondents. The driver and owner in their joint written statement have denied any accident to have taken place while driving the car in question at the place mentioned in the petition. The claim petition is said to have been filed with malafide intention. The Insurance Company respondent No. 3, has denied the accident to have taken place with the car in question on the given date, time and place. FIR lodged about the accident is claimed to have been false. It has been alleged that the deceased was driving the motor vehicle with a child in his lap and he fell down on the road by losing the balance of the motor cycle. The amount claimed as compensation is said to be highly excessive. Respondent No. 1 is denied to have a valid and effective driving license and it is claimed that the vehicle was being driven in violation of terms and conditions of the Insurance policy.