PARVEEN Vs. VIKRAM & OTHERS

JUDGEMENT

(1.) The appellant/claimant has come up in appeal against the award of the Motor Accidents Claims Tribunal, Bhiwani (hereinafter referred to as "the Tribunal") dated 10.05.2010, whereby the Tribunal has awarded a compensation of Rs.8,35,328/- on account of injury suffered by the claimant in a road accident which took place on 05.01.2009.

(2.) Facts not in dispute are that one Laxman lodged an FIR at Police Station Behrod. He was a driver on vehicle No.HR-47-A-1075. On 05.01.2009 he was going from Kota to Delhi. At 5.00 a.m., he had reached village Gunti. It was a foggy season, therefore, he was driving the vehicle slowly. A vehicle bearing registration No.HR-61-8649 struck Laxman's vehicle from behind and the report was lodged.

(3.) The claimant had pleaded that he was conductor in truck No.HR-61-8649 and the impact was so high that he suffered fracture on his back bone. It was pleaded that the accident occurred on account of negligence of respondent No.1. It was pleaded that the claimant was 20 years old and he was getting Rs.3500/- per month besides daily expenses of Rs.1500/-. It was pleaded that the claimant had become permanently disabled and the lower partition of the body below the chest could not work and he had no control over his bowel and was unable to sit or stand or change sides and two people were required to attend to him. It was pleaded that he was unmarried and he was lying in a paralysed condition and he could not move his hand and his treatment was still going on.