JARNAIL SINGH Vs. SAJJAN SINGH

JUDGEMENT

(1.) The claimant in this appeal seeks enhancement of the amount of compensation of Rs. 60,000 awarded by the Motor Accidents Claims Tribunal, Jagadhri (for short 'the Tribunal') vide its order dated 5.11.1999.

(2.) On 7.6.1997, the appellant-claimant Jarnail Singh and his brother Shamsher Singh were coming from Kurukshetra to their village Sadiqpur in a Maruti car No. DL 2C-A 2380. When they reached Shah- bad Markanda-Saha Chowk at about 12 noon, a military jeep No. 92 B-53326H coming from Ambala side struck against their car. It was claimed that the jeep was being driven at a very high speed in a rash and negligent manner and did not even blow any horn. As a result, the car of the claimant fell into the ditch and he and his brother Shamsher Singh suffered multiple and grievous injuries. They were taken to Civil Hospital, Shahbad Markanda. However, Shamsher Singh died on the way. The appellant had suffered fracture of his right arm and also other multiple injuries. He remained admitted in Civil Hospital, Shahbad Markanda for five hours and, then, was shifted to the Gaba Hospital, Yamuna Nagar for treatment. Since he could not get proper relief at that place, he was taken to K.D. Sharma Hospital at Ambala Cantt. Three operations were performed on his right arm for which he had to remain in the hospital for three different spells of time. However, his right arm was not fully cured and he now suffers from a permanent physical disability to the extent of 15 per cent. The claim of the appellant was duly supported by the medical reports and also by the testimony of Dr. K.D. Sharma who had performed the operations.

(3.) On consideration of oral and documentary evidence, the Tribunal accepted the claim of the appellant that the accident had taken place due to rash and negligent driving by the driver of the offending jeep. The Tribunal also noticed the medical evidence and the fact that the appellant had suffered a permanent physical disability to the extent of 15 per cent. Accordingly, a sum of Rs. 60,000 was awarded as compensation under the following heads: