GURMUKH SINGH Vs. MATHU RAM

JUDGEMENT

(1.) GURMUKH Singh -appellant being aggrieved against the inadequate compensation granted to him for the injuries that he suffered in a motor vehicle accident has filed the present appeal against the order dated 09.08.2002 passed by the learned Motor Accident Claims Tribunal, Chandigarh ('Tribunal' for short).

(2.) ACCORDING to the appellant, he and his son Satwant Singh were going on their scooter No.PB27A/0521 on 20.03.1999 from his village Jhandpur via Deshu Majra to Kharar. Satwant Singh son of the appellant was driving the scooter while the appellant was riding pillion. A relative of the appellant namely Trilochan Singh was going ahead of them on a separate scooter No.PB11/4916. Rajbir Singh (respondent No.4), it is stated, brought his red colour Mahindera tractor on which, 'applied for' was recorded (new number was given as PB12/6438/TC/L) from the side of Village Deshu Majra.

(3.) THE tractor it was alleged was being driven rashly and negligently and it first hit the scooter of Trilochan Singh. The appellant and his son as also Trilochan Singh were going on the correct side of the road. The tractor then hit the scooter of the appellant. The appellant and his son fell down along with scooter and suffered injuries. The appellant suffered injuries on his leg and left side hip. After the accident, Rajbir Singh (respondent No.4) ran away from the spot. Satwant Singh son of the appellant chased him and he was apprehended. The appellant was brought to General Hospital, Sector 16, Chandigarh where he remained admitted upto 21.03.1999. There was a fracture on his upper part of right Tibia. He also had fracture on lower part of left fibula (b) ankle. There were other injuries also. The permanent disability of the appellant was assessed at 32%.