PARTAP SINGH Vs. JAGJEET SINGH AND ORS.

JUDGEMENT

(1.) PARTAP Singh son of Sardara Singh has preferred this appeal for enhancement of compensation awarded on account of injuries suffered by him vide award dated 01.05.2012 passed by the learned Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as the 'Tribunal').

(2.) FACTS as revealed in the claim petition are that the claimant was travelling on his motor cycle bearing registration No. HR -59/1961 on 08.11.2008 at moderate speed on the left side of the road. When he was two kilometers away from village Ahrawan, a private bus bearing registration No. HR -62/2440 driven by respondent No. 1 - Jagjeet Singh @ Sonu came from the opposite direction at a very high speed driven in a rash and negligent manner. While overtaking the tractor trolley ahead of the bus, respondent No. 1 brought his bus to the extreme opposite side of the road and struck against the claimant. Claimant suffered multiple injuries all over his body. He was removed to Community Health Centre, Ratia by one Baljeet Singh, who was behind him. He was shifted to Metro Hospital, Hisar. On discharge after two days he was shifted to GS Memorial Hospital, Rampura Phul where he was admitted for 10 days from 10.11.2008 to 21.11.2008. He was subsequently shifted to Arora Orthopedic Center Hisar where he remained under treatment from 22.11.2008 to 08.12.2008. He underwent four operations. As per disability certificate Ex. P48, claimant was having disability of 80% on account of brachial plexus injury on the right side with weakness of lower limb with united fracture right ulna. Disability in relation to the whole body and being permanent in nature is proved on record.

(3.) SAID claim was contested by the respondents. Driver and owner of the offending bus denied the factum of the accident while additionally pleading that the driver was holding a valid and driving licence and the bus was insured with respondent - insurance company, thus, liability if any, would be of the insurance company.