SURENDER KUMAR Vs. DHARAM PAL

JUDGEMENT

(1.) By way of present appeal, a challenge has been made at the instance of appellant/claimant to an award dtd. 22/4/2016 passed by the Court of learned MACT, Kaithal, with a prayer for seeking modification of the Award for the purpose of enhancement of compensation.

(2.) The facts leading to the present case are that the appellant who happens to be a photographer by profession was coming back from Kurukshetra to Kaithal on 11/1/2015 after having boarded a Haryana Roadways bus bearing No.HR-39C-9470. While the bus reached bus stand, Kaithal, respondent No.1 stopped the vehicle. While the appellant was in the process of alighting from the bus (offending vehicle), respondent No.1 without giving any signal, suddenly, started the bus and that too at a high speed, as a result thereof, the appellant fell down on the road and the rear wheel of the Bus ran over his right leg. FIR No.14 dtd. 13/1/2015, under Ss. 279/337 IPC was also registered in this regard. The appellant being claimant filed a claim petition before the learned Tribunal seeking compensation to the tune of Rs.20,00,000.00 along with interest on account of injuries sustained in the aforementioned accident alleging rash and negligent driving of the offending vehicle by respondent No.1.

(3.) On the other hand, the factum of accident as well as the averments regarding rash and negligent driving were denied by the respondents. The learned Tribunal vide its impugned Award recorded a finding in favour of appellant to the effect that the offending vehicle was involved in the aforementioned accident and the same was being driven in a rash and negligent manner by respondent No.1 which resulted into the said accident. Besides it, considering the nature of injuries which resulted into amputation of right leg of the appellant below knee, a sum of Rs.10,27,000.00 was awarded in favour of the appellant along with interest @ 9% per annum from the date of filing the petition till its realization. The details of compensation awarded are given hereinbelow:- <FRM>JUDGEMENT_117_LAWS(P&H)11_2022_1.html</FRM>