DEVI LAL Vs. PARAMJIT SINGH AND OTHERS

JUDGEMENT

(1.) The appellant is in appeal against the Award of the learned Motor Accident Claims Tribunal, Fatehabad, by which he was awarded a total compensation of Rs.4,00,000/- for the injuries suffered by him in a motor vehicle accident that occurred on 28.12.2007. As per the claim petition (which was decided alongwith four others, all of which arose out of the same accident), the appellant-claimant, Devi Lal, alongwith seven other persons, was proceeding to Chandigarh in a vehicle (Scorpio) bearing registration No.HR-62-2111, driven by respondent No.4, Balraj. At about 8:30 a.m., a light commercial vehicle bearing registration No.PB-13N-5913, driven by respondent No.1 (Paramjit Singh) came from the opposite side and struck against the Scorpio vehicle, near Nirman Dhaba, after crossing village Chak Amritsaria. The appellant and other passengers of the Scorpio were injured and were taken to the Civil Hospital at Samana, and as the other vehicle (the LCV Tata 407) was being driven negligently, as alleged, a criminal case was also registered against respondent No.1.

(2.) The appellant claimed Rs.15,00,000/- by way of compensation on account of the injuries sustained by him. The other injured persons filed separate claim petitions, seeking different amounts of compensation. No appeal filed before this Court, in respect of the other claim petitions, has been brought to my notice.

(3.) Respondents No.1 and 2, i.e. the owner and driver of the "offending vehicle", stated that the accident actually took place on account of the rash and negligent driving of respondent No.4, as he was talking on a mobile phone while driving the Scorpio and that a false case has been registered against respondent No.1.