AMAN DAHIYA ADVOCATE Vs. SURINDER JAIN

JUDGEMENT

(1.) SHRI Asian Dahiya had filed a claim application before the Motor Accident Claims Tribunal, Ambala, hereinafter referred to as the 'tribunal' for the injuries sustained by him in an accident. The Tribunal awarded a sum of Rs. 40,000/- with 12% interest.

(2.) BEING dissatisfied with the award of the Tribunal, the appellant has preferred the present appeal.

(3.) THE background which led to the filing of the claim application is that on 10-8-1983 the appellant after attending Court work was proceeding to Panchkula on his scooter bearing registration No. PBV 2663 with Shri Raj Pal Singh, Advocate, who was sitting on the pillion seat of the scooter which was being driven by Aman Dahiya, appellant. When he approached the crossing of Sectors 7, 8, 17 and 18 of Panchkula, he observed a jeep bearing registration No. CHA 2542 coming from the opposite direction which took a wrong side and a result of which the appellant by way of abundant caution stopped his scooter, but the driver of the jeep Surinder Jain, respondent No. 1, who at that time was talking with the other occupants of the jeep, in a rash and negligent manner struck the jeep with the stationary scooter which resulted in causing grievous injuries to him as well as to Rajpal Singh. The scooter was badly damaged. Aman Dahiya and Rajpal Singh were taken to General Hospital On x-ray examination, it was found that Aman Dahiya had suffered a fracture on his left leg and some injuries on the body. The appellant's fractured leg was put under plaster. He remained admitted in the hospital from 10-8-1983 to 18 11-1983 and further remained confined to bed till 21-12-983.