LAXMAN THAPA Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS appeal challenges the Award of the learned Motor Accident Claims Tribunal, Chandigarh, dated 04.01.2005, by which, even while holding the appellant was entitled to Rs.45,000/ - as compensation on account of the injuries suffered by him as a result of the accident in question, the amount awarded was reduced by 60%, holding that the driver of both, the Gypsy (Jeep), as also of the scooter on which the appellant was riding pillion, were guilty of negligence, with the scooter driver having been held to be guilty to the extent of 60%.

(2.) THE facts leading up to the filing of the claim petition are that on 18.01.2003, at about 5:45 PM, the appellant is stated to have been riding pillion on a scooter driven by Rajdeep Singh (not impleaded as a party either before this Court or before the Tribunal) on the road leading from the District Courts, Chandigarh to Hotel Shivalik View, with the scooter allegedly at a slow speed. When the scooter reached behind the Treasury Office, a Gypsy bearing registration No.PB -12 -E -5087, driven by respondent no.1 and owned by respondent no.2, parked behind the said office, was reversed by its driver on to the road, without blowing any horn, as a result of which it struck against the scooter due to which the appellant fell down and received injuries because of which he was hospitalized and was operated upon twice. A rod is stated to have been inserted in his leg and even after discharge, he allegedly could not move his finger properly and could not lift any weight or even walk properly. As per the Disability Certificate of the Medical Board, exhibited before the learned Tribunal, it was a case of fracture of both bones of one leg with mild restriction of ankle movements, for which a disability of 5% was assessed by the Board, to the left lower limb of the appellants' body.

(3.) THE claim of the appellant, further was that he spent Rs.20,000/ - on his treatment.