LAWS(P&H)-2015-8-22

RAJ KUMAR VATSA Vs. TASBIR AND ORS.

Decided On August 05, 2015
Raj Kumar Vatsa Appellant
V/S
Tasbir And Ors. Respondents

JUDGEMENT

(1.) APPELLANT has challenged the award dated 2.6.1992, passed by the Motor Accident Claims Tribunal, Hisar (for short, 'the Tribunal), vide which regarding the injuries sustained by the present appellant, a compensation to the tune of Rs. 2,20,000/ - was awarded along with interest @ 12% per annum from the date of filing of claim petition till its realization.

(2.) THE brief facts of the case necessary for the disposal of the present appeal are that on 18.7.1990 Shri Raj Kumar Vatsa, an advocate by profession, was returning from District Courts Hisar along with the clients to his residence Hansi in a Maruti Van bearing registration No. DDA/2491 belonging to Ms.Kavita Gautam being driven by the petitioner/appellant himself. At about 1.15 pm when they reached near village Mayyar, a truck came from the opposite side and the appellant took the van to extreme left side of the road. Then offending bus bearing registration No. HYN/6336 being driven by respondent No. 1 Tasbir came in rash and negligent manner from the opposite direction which was in the process of overtaking the truck and by coming on the wrong side, struck against the front right side of the van. The Maruti van turned turtle. In the accident the claimant received multiple grievous injuries and fractures on various parts of his body. He was initially removed to Civil Hospital, Hansi from where he was referred to Medical College Hospital, Rohtak. Three operations were conducted upon the claimant.

(3.) AS per disability certificate (Ex.P72), there was 40% permanent disability. The Tribunal awarded Rs. one lac on account of permanent disability, Rs. 30,000/ - for loss of income, Rs. 40,000/ - for treatment/ medical bills and Rs. 50,000/ - for pain and suffering. Claimant is not satisfied with the said compensation.