SUBHASH CHAND Vs. GURBAX AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimant for the enhancement of compensation and to modify the award dated 16.12.1999 on account of injuries suffered by the appellant in a motor vehicle accident.

(2.) Brief facts are that on 04.11.1996 appellant Subhash along with Narain Dass and others was going to village Mohmadpur Rohi from Hisar. The offending vehicle was driven by respondent No.1 i.e. Gurbax at a very high speed rashly and negligently in a zig-zag manner and without following the traffic rules. When they reached near the minor at village Bhoda on G.T. Road then respondent No.1 wanted to over-take the tractor but he lost control of the vehicle which hit a Shisham tree after crossing the wrong side of the road due to which the appellant and other received injuries. The appellant and others were shifted to Pahwa Hospital, Fatehabad and he was also remained under treatment at Hisar and is still under treatment for the injuries received by him.

(3.) The Tribunal has awarded an amount of Rs. 3,00,000/- along with interest @ 12% per annum i.e. Rs. 1,00,000/- on account of his disability, Rs. 50,000/- for pain and suffering, Rs. 25,000/- for loss of income during his hospitalization and a sum of Rs. 1,25,000/- for his treatment.