ISHWAR CHAND Vs. HARISH CHANDER DHIR AND ORS.

JUDGEMENT

(1.) THIS is an appeal brought by the claimant for enhancement of compensation. By way of this appeal, he has challenged the finding of learned Motor Accidents Claims Tribunal, Karnal (for short 'the Tribunal') that the appellant had also been negligent and it had been a case of contributory negligence with the negligence on the part of the appellant and respondent No. 2 Dharam Veer as 50:50. Ishwar Chand, the appellant filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 5,00,000/ - for the injuries he suffered in a road side accident. Learned Tribunal vide award dated 04.01.2010 assessed a sum of Rs. 78,395/ - as compensation but allowed compensation to the claimant in a sum of Rs. 39,197/ - being 1/2 of the aforesaid amount on account of the fact that he himself contributed his negligence to the cause of the accident in equal with respondent No. 2.

(2.) ON 16.01.2005 he was going from Fatehabad to Jind via Agroha on his maruti car bearing registration No. HR -05D -5397, which Sunil Kumar was driving. The claimant was sitting on the front seat next to the driver. At about 3.30 PM when the car was near village Barseen, District Fatehabad, a canter bearing registration No. HR -13 -3354 driven by respondent No. 1 came at a very high speed from the side of bypass and had hit the car. As a result of the accident, the claimant suffered injuries, which resulted into comminuted fracture of left elbow joint. He claimed himself to be aged 53 years at the time of the accident, was running a business in the name and style of M/s. Ishwar Chand Sulekh Chand, New Anaj Mandi, Taraori, District Karnal and earning Rs. 1,00,000/ - per annum. He was taken to Civil Hospital, Fatehabad wherefrom he was taken to the hospital of Dr. Ashok Gupta, Karnal where he was operated upon and remained admitted there from 16.01.2005 to 22.01.2005. He also remained admitted at Ganga Ram Hospital, New Delhi for another operation and his treatment is still continuing. He claims to have spent more than Rs. 1,00,000/ - in his treatment.

(3.) LEARNED Tribunal found a sum of Rs. 78,395/ - to be just compensation for the claimant -appellant. It was held to be the liability of the respondents to be paid. However, they were held liable to pay compensation to the extent of 50%.