NARESH KUMAR DHIMAN Vs. SHIV KUMAR AND OTHERS

JUDGEMENT

(1.) Appellant - Naresh Kumar Dhiman has preferred this appeal praying for enhancement of compensation awarded to him vide award dated 26.04.2013 passed by learned Motor Accident Claims Tribunal, Kurukshetra (hereinafter referred to as the 'Tribunal') on account of injuries suffered by him in a motor vehicle accident on 26.05.2012.

(2.) Facts as narrated in the claim petition are that appellant was proceeding to his residence from the side of Main Bazar, Thanesar on motor cycle Bajaj Platina bearing registration No. HR- 08J-4743 on 26.05.2012 at about 1300 hours. When he was in front of a chemist shop near Janta School, car bearing registration No. HR-41-D-8692 driven by respondent No. 1 Shiv Kumar at a high speed in a rash and negligent manner, in violation of traffic rules came from behind and struck against the appellant. Appellant fell on the ground and received grievous injuries. Appellant's brother Suresh Kumar Dhiman arrived at the spot and other persons also gathered there. Respondent No. 1 fled from the spot alongwith offending vehicle as people grathered there. Appellant was shifted to Bhola Hospital, Kurukshetra by his brother. Appellant suffered multiple injuries on forehead, right shoulder and left wrist, fracture of humerus and right scaphoid. FIR dated 26.05.2012 (Ex. P6) was registered against driver of the offending vehicle. Report under Section 173 Cr.P.C. (Ex.P7) was presented after completion of investigation and charge sheet (Ex. P8) was presented against respondent No. 1.

(3.) Claim petition was preferred by the appellant under Sections 166 and 140 of the Motor Vehicles Act, 1988 for grant of compensation to the tune of Rs. 5 lakhs.