BANI SINGH Vs. ISHAQ MOHMAD AND OTHERS

JUDGEMENT

(1.) This is appeal by Bani Singh-claimant seeking enhancement of compensation allowed by the Motor Accident Claims Tribunal, Karnal (later referred to as 'the Tribunal') vide award dated 04.08.2005.

(2.) Case of claimant, in brief, is that on 11.06.2002 at about 09.30 a.m., Bani Singh-claimant (appellant) was going from village Bastara to Saharanpur on his scooter bearing registration No. UP-11-E-9408. He was driving the scooter at a moderate speed following the traffic rules. Mamtesh and 11/2 year old Sahil were on pillion seat. When they reached at crossing of Bastara on G.T. road in the area of Karnal, he stopped the scooter waiting for traffic to clear. In the meanwhile, his scooter was hit by truck bearing registration No. HR-38-D-7532 (later referred to as 'the offending vehicle'), by coming on wrong side of the road, which was being driven in a rash and negligent manner by respondent no. 1- Ishaq Mohamad. The claimant and other occupants of scooter fell on the road and received multiple serious and grievous injuries.

(3.) Petition under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries received by Bani Singh, was filed by his wife Smt. Mamtesh. She alleged that Bani Singh was 26 years old cloth merchant and was earning Rs. 5000/- per month. In the accident he had received injuries on his head and his leg also got fractured. He was treated at Civil Hospital, Karnal and Patel Super Specialty Hospital, Karnal. The injuries received by claimant Bani Singh have rendered him permanently disable and unable to earn anything. He had spent Rs. 50,000/- on his treatment which was still continuing.