RICHHPAL Vs. RAM PARTAP ALIAS PARTAP AND OTHERS

JUDGEMENT

(1.) Richhpal - claimant has filed this appeal for enhancement of compensation awarded by Motor Accident Claims Tribunal, Sirsa (for short 'the Tribunal') vide its Award dated 20.11.1997. The Tribunal has awarded a meagre sum of Rs. 5000.00 to him on account of the injuries suffered by him in a motor vehicle accident, which took place on 2.5.1995 near Kherekan Petrol Pump on Dabwali-Sirsa road.

(2.) On the unfortunate date, the appellant along with Mukh Ram was coming from Village Ahmedpur Darewala to Sirsa on scooter bearing Reg.No.HYT-3859, when Canter bearing Reg.No.HR-24A-6192 hit the scooter. The scooter was badly damaged and both the occupants of the scooter suffered multiple injuries and were got admitted in Civil Hospital, Sirsa. FIR No.99 dated 4.5.1995 under Sections 279, 337, 338 Penal Code was registered in Police Station Sadar Sirsa against Ram Partap - respondent No.1, driver of the Canter.

(3.) After considering the evidence led before it, the Tribunal came to the conclusion that the accident had taken place on account of rash and negligent driving of the Canter by respondent No.1. On the question of compensation, the Tribunal held that the appellant had not been able to prove that the injuries, due to which he was rendered permanent disabled to the extent of 50%, were caused in the said accident. Accordingly, the Tribunal awarded him a consolidated compensation of Rs. 5000.00 only.