VIVEK Vs. JAGMAL SINGH AND OTHERS

JUDGEMENT

(1.) This appeal is preferred against the award passed on 04.09.2013 by Motor Accident Claims Tribunal, Ambala, (Tribunal for short) granting compensation to the tune of Rs. 8,14,000/- to the appellant on account of injuries received by him in a motor vehicle accident occurred on 18.05.2010. Enhancement is sought.

(2.) The appellant, on 18.05.2010, was going to Shahabad from Jandli Bridge, Ambala City on a motorcycle along with Parveen Kumar who was driving it. When they reached the over bridge in Ambala Cantt. on the G.T. road, Bus No.HR-65-0985 came from behind and all of a sudden turned towards bus stand Ambala Cantt. just ahead of the motorcycle thereby hitting the front of the vehicle which Parveen Kumar was driving. The appellant and his friend both fell down and the rear wheel of the bus passed over the legs of the appellant. The appellant was subjected to many surgeries in Dayanand Medical College and Hospital, Ludhiana and Postgraduate Institute of Medical Education and Research, Chandigarh. Compensation to the tune of Rs. 8,14,000/- was awarded for the injuries sustained by the appellant.

(3.) Counsel for the appellant argued that the appellant was not adequately compensated. The Tribunal also wrongly deducted 25% from the amount of medical bills, which totalled to Rs. 4,72,171/-. It was simply observed that the amount in the relevant documents appeared to be on the higher side. This contention on behalf of the appellant is acceptable and also counsel on the other side could not raise any argument in favour of the deduction of 25% made by the Tribunal arbitrarily. Despite holding that the appellant had proved the documents Mark P-1 to P-89, Mark P-95 to P-157 and Ex.PW4/7 to PW4/34, 25% was deducted from the total amount mentioned in those documents. Once the Tribunal came to the conclusion that the relevant documents were proved, there appeared to be no reason for reducing the amount in the whimsical manner. It is, therefore, held that the appellant shall be entitled to receive an amount of Rs. 4,72,171/- on account of medical bills.