MANGAL DIN Vs. DHERA SINGH AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the injured claimant against the award passed by the Motor Accident Claims Tribunal, Chandigarh on account of insufficiency of the compensation awarded.

(2.) The brief facts of the case are that, on 23.02.1999, he was a driving a Maruti van bearing registration No. CH-01-X-6249. He was going from Village Mauli Jagran to Kalka. When he crossed the railway crossing and had gone about 150 yards towards Kalka, Mini Bus bearing registration No. HP-15-1307 came from the opposite side which was being driven by respondent No. 1 in a rash and negligent manner at a very high speed. The mini bus driven by respondent No. 1 struck against the van being driven by the claimant and the van turned turtle. The offending bus stopped only when it struck against the big Eucalyptus tree at a distance of 50 feet and that too on the wrong side at Kucha portion. In this accident, the appellant suffered multiple fractures in his both legs. He was first given treatment at Kalka Hospital and later on; he was shifted to PGI, Chandigarh. Regarding that accident, the FIR No. 27 dated 23.05.1999 was also registered. In the accident in question, the appellant suffered 40% of disability. It was further claimed that monthly income of the appellant was Rs. 4,000/-.

(3.) The respondents took the plea that accident did not happen due to the negligence of the offending bus and in fact it happened due to the negligence of the claimant himself. The Insurance Company took a plea that the offending bus was not insured with it on the date of accident.