DINA NATH DHIMAN Vs. JASWINDER SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the injured/claimant-appellant (for short 'the appellant'), seeking enhancement of the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Jagadhari (for short, 'the Tribunal') to the tune of Rs. 4,59,500.00 along withe interest @ 9 per cent from the date of filing of the petition till the amount is deposited in the Court, vide impugned award dated 06.05.2005.

(2.) On 22.05.2003 at about 11 P.M. when the petitioner was going to Khera Mandir, Jagadhari from his house along with his brother Pawan Kumar, who was riding his own scooter and reached near Rao Bearing Store, Jagadhari, a truck bearing No. HR30-2805 driven by respondent No.1 in a rash and negligent manner came from the turn of Jesic Colony, hit the motorcycle was dragged with the front wheel of the truck resulting into serious injuries on the body. He was taken to Kohli Hospital Jagadhari from where on the next date i.e. 26.02.2003, he was taken to J.P. Hospital, Yamuna Nagar. Thereafter, he was again shifted to Indraprastha Apollo Hospital, New Delhi where he remained admitted w.e.f 26.02.2003.

(3.) The learned counsel for the appellant contends that the Tribunal has erred in awarding the compensation to the appellant to the tune of Rs. 4,59,500.00 only, as the appellant had suffered 80% disability (P-1) and in this regard, P.W.1 Dr. Deepak Jain and P.W.2 Dr. Sandeep Gupta, Medical Officers have admitted the factum of disability of the appellant but in their statement, they stated that the disability certificate has been issued for the purpose of income tax. In view of this statement, the Tribunal assessed the disability of the appellant to 50% in view of Workmen Compensation Act. Further, the tribunal has only awarded Rs. 2,55,500.00 with regard to the medical bills.