NIRMAL SINGH Vs. BALDEV RAJ

JUDGEMENT

(1.) The appellant-Nirmal Singh has filed the present appeal against the judgment of the Motor Accident Claims Tribunal, Ropar, dated 23.2.1987 by which a compensation of Rs.10,000/- along with interest at the rate of 12% per annum has been awarded to the claimant.

(2.) Briefly the facts of the case are that on 3.6.1986 at about 11 A.M. the claimant-appellant was returning back to his house on his bicycle when the tyre of his cycle got deflated near Phase-II S.A.S. Nagar, Mohali. The appellant got down from his cycle and got the tyre inflated from a cycle repair shop and when he tried to ride his cycle, at that time, a tempo bearing registration No. PBW-1073 came from behind, being driven by Baldev Raj, and dashed against the appellant. The appellant was dragged along with his cycle to a distance of 7-8 paces and he suffered multiple injuries on account of the accident. He was rushed to PGI where he was treated. The owner of the offending vehicle was the Punjab State Electricity Board-respondent No.2. The appellant claimed a compensation of Rs.1.5 lacs on account of the injuries suffered by him. The Tribunal found that the accident occurred because of the rash and negligent driving of the driver of tempo No. PBW-1073 and held the respondents to be jointly and severely liable. No appeal has been filed by the respondents, hence, the findings of the Tribunal with regard to the manner in which the accident took place are upheld.

(3.) Counsel for the appellant has contended that the compensation of Rs.10,000/- as awarded by the Tribunal is highly inadequate as the appellant was working in the office of Punjab Architect, Chandigarh, and was drawing a salary of Rs.3177/- per month. It is contended that as a result of the accident the third, forth and fifth ribs of the appellant were fractured.