SUNITA DEVI Vs. SUNDER

JUDGEMENT

(1.) CM NO. 3242 -CII OF 2003

(2.) SUNITA Devi (legal heirs of respondent No.2) and Ishar Singh -driver have directed this appeal against the Award dated 08.11.2002 passed by Shri G.S.Kotla, Motor Accident Claims Tribunal, Gurgaon, vide which, the claim petition was accepted and a sum of Rs. 3,25,000/ - was allowed as compensation and respondents No.1 to 4 were jointly and severally held liable to pay the amount of compensation.

(3.) BRIEFLY stated, Sunder -claimant filed petition under Section 166 of the Motor Vehicle Act, claiming compensation to the tune of Rs. 5 lacs on account of injuries sustained by him in a motor vehicular accident. It was pleaded in the petition that on 29.11.2002, the claimant along with his sister Vijay Devi and father Siri Chand was coming on scooter bearing registration No. HR -26 -0314 from village Deodi to his village Jori Kalan. When he reached near Kamalpur bridge, one tanker bearing registration No. HR -21 -5657 came from Bawal side. The same was driven by respondent No.1 in a rash and negligent manner and at a high speed. The said tanker hit the scooter of the claimant due to which the claimant along with others fell down. The claimant sustained serious injuries and he was shifted to Civil Hospital, Rewari. Keeping in view his serious condition, he was referred to Safdarjung Hospital, New Delhi. The claimant remained admitted in said hospital for 13 days. Thereafter, he was shifted to Kalyani Hospital, where he remained admitted for about a month. His treatment is still going on. The claimant is aged about 21 years and was doing the business of agriculture and milk dairy. It was further pleaded that now he has become permanent disable and is unable to do the work of agriculture and milk dairy. It was further pleaded that he spent huge amount upon his treatment.