LAWS(P&H)-2016-5-439

HAV JAGAN NATH Vs. BHUSHAN GOYAL AND OTHERS

Decided On May 05, 2016
Hav Jagan Nath Appellant
V/S
Bhushan Goyal And Others Respondents

JUDGEMENT

(1.) This appeal has been preferred by the claimant-Hav. Jagan Nath praying for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bathinda, vide order dated 2.5.1991.

(2.) It is submitted that the appellant sustained injuries in a motor vehicle accident which occurred on 18.11.1987 at 6:15 a.m. due to rash and negligent driving of Maruti car No. PAW- 1074 by respondent No.2. The appellant was hospitalized from 18.11.1987 till 25.2.1988 which is substantiated by the evidence of AW4 Major C.S.Joshi who has endorsed the factum of admission of the appellant for the said period and it was further stated that the claimant was attended by Lt. Col. K.C.Panda and subsequently by Major C.S.Joshi. Multiple injuries were suffered by the appellant. He claimed compensation to the tune of Rs. 5,50,000/- for the injuries suffered by him stating that he had been permanently disabled on account of the fractures sustained, thus preventing him from resuming his duties. Appellant's claim was resisted by the respondents. The learned Tribunal framed the following issues on the basis of the pleadings of the parties:-

(3.) Evidence was led by the parties and the learned Tribunal on considering the entire facts and circumstances of the case awarded a sum of Rs. 50,000/- to the appellant on account of the injuries sustained by the him. Aggrieved therefrom the appellant has prepared the instant appeal praying for enhanced compensation.