NEPAL SINGH Vs. JASVINDER SINGH AND ORS.

JUDGEMENT

(1.) PRESENT appeal has been preferred by injured -claimant, Nepal Singh praying for enhancement of the compensation awarded to him by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as, the 'Tribunal') vide impugned award dated 28.02.2002.

(2.) FACTS as revealed in the claim petition are that, appellant -claimant was returning to his village Massingan from Matehari Shekhan, Tehsil and District Ambala on his motorcycle on 05.11.1997. He was driving his motorcycle at a moderate speed on the correct side of the road. When he reached near village Naneola, District Ambala on Matehari Shekhon -Devigarh road at about 6.10 p.m., a Rajdoot motorcycle bearing registration No. HR41 -4801 being driven at a high speed in a rash, negligent and zig -zag manner by respondent No. 1 - Jasvinder Singh came from behind and hit the appellant's motorcycle. Resultantly, appellant suffered grievous injuries including fracture of knee -joint of left leg. He was taken to Rajindra Hospital and Medical College, Patiala thereafter, referred to CMC, Ludhiana. Amputation of his left leg right upto the middle of thigh above the knee had to be conducted on 06.11.1997. He was discharged after 15 days. On the assurance of respondent No. 1, matter was not reported to the police.

(3.) CLAIM was resisted by the respondents. Respondent No. 1 while admitting the accident, took a stand that it was the rash and negligent driving of motorcycle by the claimant himself that led to the accident, respondent No. 1 was not at fault.