RATI RAM Vs. SHASHI BHUSHAN AND ANR

JUDGEMENT

(1.) The appellant Rati Ram aggrieved against the inadequate compensation awarded by the learned Motor Accident Claims Tribunal, Faridabad ('Tribunal' - for short) vide its judgment and award dated 4.10.2001, has filed the present appeal claiming more compensation.

(2.) The appellant and his uncle on the fateful day on 21.1.2000 at about 2.00 p.m. were coming on a scooter, which was being driven by his uncle at a moderate speed and on the correct side of the road. The appellant was riding pillion on the said scooter. When their scooter reached near Mewla Maharajpur turning on the G.T. Road, Shashi Bhushan (respondent No.1) driver of the offending Maruti car came from Delhi side driving his car in a rash and negligent manner. The car of Shashi Bhushan (respondent No.1) struck against the scooter on which the appellant was riding. The appellant sustained fracture on his leg, besides, other injuries on various parts of his body. He was taken to B.K. Hospital, Faridabad where he remained admitted for two-three days. The appellant in his claim petition averred that he was doing labour work and earning Rs.3000/- per month at the time of accident and his age was 35 years. He claimed compensation of Rs.4 lacs.

(3.) Shashi Bhushan (respondent No.1) driver and owner of the Maruti car, besides, the National Insurance Company (respondent No.2) insurer of the Maruti car contested the claim petition of the appellant and denied the allegations. The Insurance Company (respondent No.2) stated that the compensation awarded was exaggerated.