TARUN KUMAR AND ANOTHER Vs. PUSHPINDER (MINOR)

JUDGEMENT

(1.) This is an appeal filed against award passed by Motor Accident Claims Tribunal, Kaithal in MACT case No.28 of 2014 whereby the Tribunal vide award dated 2.9.2014 has awarded Rs.2,08,866/- as compensation in favour of the claimant in the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act").

(2.) Briefly stated, the claimant filed a petition under Section 166 of the Act seeking compensation of Rs.10 lacs along with interest @ 12% per annum from the date of accident till the amount is paid on account of injuries sustained by Pushpinder, minor, aged 21/2 years son of Gurnam Singh.

(3.) As per the claim statement, on 26.10.2012 at about 6 PM, when injured Pushpinder along with his uncle Kashmiri Lal was coming on foot from market and reached near Gali No.14, Rishi Nagar, Kaithal, a car no.HR-08L-4567 came with a high speed rashly and negligently from behind and hit Pushpinder. He received grievous / serious injuries on his right leg, head, eyes and arm etc. He was taken to Kirti Hospital, Kaithal and thereafter, to Bala Ji Hospital, Kaithal for treatment. Subsequently, he was taken to Hissar for treatment. FIR No.244 dated 17.11.2012 under Sections 279, 338 IPC was also registered at P.S. Civil Lines, Kaithal against the driver i.e. the present appellant. The claimants have claimed that they have spent about Rs.3,00,000/- on the treatment of the injured child and he was still under treatment at Jindal Institution of Medical Science, Model Town, Hissar and that the child has received multiple and serious injuries on his vital parts of the body i.e. head, legs, eyes, arm etc.