RAJESH Vs. SURJEET SINGH

JUDGEMENT

(1.) Injured claimant-appellant has approached this court by filing the instant appeal under section 173 of Motor Vehicles Act, 1988 (for brevity, 'the Act') for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Panipat (for brevity, 'the M.A.C.T.') in its award dated 15.9.1990. There is no challenge to the findings recorded by the M.A.C.T. to the effect that the accident took place on 15.8.1987 solely due to rash and negligent driving of truck No. HYL 2375 by its driver Mohar Singh, the respondent No. 2 and that the injured claimant-appellant had suffered serious injuries in the aforementioned accident. It has also not been disputed that the offending vehicle was insured with respondent No. 3, i.e., Oriental Insurance Co. Ltd., Branch Office, Karnal. The M.A.C.T. further recorded the findings that the injured claimant-appellant suffered the following injuries:

(2.) On account of personal injury under the pecuniary head, learned M.A.C.T. has awarded on the basis of the bills presented an amount of Rs. 70,000 and Rs. 5,000 as nursing expenses. On account of permanent disability a meagre amount of Rs. 25,000 and for disfiguration of face, pain and suffering, special diet, future medical expenses including conveyance charge another amount of Rs. 25,000 has been awarded.

(3.) It is appropriate to mention that after accident, the injured claimant-appellant was taken to Civil Hospital, Panipat. When his position deteriorated, he was removed to Sehgal Neurological Research Institute, New Delhi, where he remained admitted up to 7.9.1987. Then he was taken to Sir Ganga Ram Hospital, New Delhi, where he remained admitted up to 20.10.1987. He has to be re-admitted on 30.10.1987 and was discharged on 4.11.1987. The injured claimant-appellant has also claimed that he is suffering from fits of epilepsy and has lost concentration as well as memory.