SAT PAL Vs. BASANT KUMAR AND OTHERS

JUDGEMENT

(1.) THIS is claimant's appeal for enhancement of compensation awarded to him by learned Motor Accidents Claims Tribunal, Yamuna Nagar (for short, "the Tribunal") vide award dated 22.3.2010 in a sum of Rs. 1,43,542/ - with interest at the rate of 7.5% from the date of filing of the claim petition till the date of realization thereof, for the injuries suffered by him in a roadside accident that took place on 4.9.2007. On 4.9.2007, the claimant was going from Khizrabad to Tajewala on his motorcycle bearing registration No. HR -02J -6486, driving it at a normal speed and on his correct left side of the road. At about 2.30 PM, when he was near the gate of Grain Market, Khizrabad, a Tata Indica car bearing registration No. DL -3CW -8691 driven by respondent No. 1 in a rash and negligent manner came from the other side and coming to the wrong side, it had struck against the motorcycle of the claimant who suffered injuries. He was taken to the hospital of Dr. Deepan Jain, Sector 17, Jagadhri where he became fit to make statement on 8.9.2007 and the police recorded his statement on that day on the basis of which an FIR was recorded. He remained hospitalized with Dr. Deepan Jain from 4.9.2007 to 21.9.2007. He was operated upon twice and a rod was inserted in his left leg and a plate was fitted in the thigh of the same leg. Thereafter he remained under treatment of Dr. Deepan Jain as an outdoor patient. A sum of Rs. 1,50,000/ - was spent in the treatment. A sum of Rs. 10,000/ - was claimed to have been spent on special diet. He was 46 years of age at the time of accident and he was employed as P -mate in H.P.G.C. Bhur Kalan and was getting salary of Rs. 8,500/ - per month.

(2.) THE respondents have controverted the averments of the claim petition. They have denied the accident to have occurred in the manner alleged by the claimant. The claimant is also denied to be entitled to any compensation.

(3.) LEARNED counsel for the appellant has contended that the case is of fracture of left femur as also both bones of the same leg on account of which the claimant suffered permanent disability to the extent of 25%. According to him, he was hospitalized for 17 days and was operated upon twice during this period. He has further submitted that thereafter the claimant came in the OPD of the said hospital and spent a lot of money in his treatment. He has submitted that the Tribunal has not assessed adequate amount in the name of expenses on treatment. According to him, a sum of Rs. 61,292/ - was proved by production of the bills as spent in his treatment and a petty sum of Rs. 708/ - is added to the said amount to assess Rs. 62,000/ - as compensation for the expenses on treatment. He has further submitted that learned Tribunal has not assessed proper sum for permanent disability or loss of income during treatment, special diet, transportation charges and loss of future enjoyment of life.