DHARAM VIR Vs. INDERJIT

JUDGEMENT

(1.) THIS appeal has been filed by the owner of Toka Engine/ jugar against the award of compensation granted to the injured Inderjit, minor.

(2.) THE facts of the case are that on 22. 4. 1994 at about 11 a. m. Dharam Vir, appellant, was driving a Toka/jugar, an automobile locally prepared with a diesel engine and run with a belt. The claimant inderjit, a boy aged about 10/11 years was passing by the road in village Kasni, when he was hit by a Jugar which was being driven in a rash and negligent manner and as a result thereof, the right leg of the minor Inderjit was crushed and had to be amputated. The occurrence was stated to have been witnessed by his father Satyavir singh, PW 1 and by his uncle, who was allegedly sitting on Jugar. The claimant-respondent on account of amputation of his right leg from the top, claimed compensation for permanent disability, pain and suffering, agony and loss of earnings, to the tune of Rs. 3,00,000.

(3.) THE appellant contested the said claim petition and challenged its maintainability primarily on the ground that no accident was caused by him. It was also stated that the material facts were concealed and this case was in fact brought due to political rivalry in the village because of the election of the Sarpanch. The appellant also claimed that because of he being handicap, he was not able to drive Jugar and, therefore, it was a false case.