SUKHWINDER SINGH Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal filed by the injured claimant against the award passed by the Motor Accident Claims Tribunal, Ambala wherein the Tribunal had calculated the amount on account of compensation to be Rs. 1,90,000/- and then reduced the same to the extent of 50% on account of contributory negligence. The claim of the appellant is that the amount awarded on various heads is insufficient and the same deserves to be enhanced. It is further argument of the appellant that there was no contributory negligence on his part and therefore, the amount has been wrongly reduced on account of contributory negligence.

(2.) Brief facts of the case are that on 01.12.2006 at about 1.00 PM, the claimant was sitting on his shop. He came out of the shop to purchase some guava fruit from the rehri across the road. For that purpose, he was going to the rehri for purchasing the fruit. When crossing the divider on the road he was proceeding towards rehri, then the offending bus bearing registration No. HR-37A-1104 of Haryana Roadways came from the side of Kalka Chowk and was going towards Baldev Nagar, Ambala. This was being driven in a rash and negligent manner. The bus hit the appellant and crushed the right foot of the claimant as a result of which the claimant suffered injuries. The claimant was shifted to Civil Hospital, Ambala and thereafter, he was referred to P.G.I., Chandigarh. Even after discharge from the P.G.I., he had to take treatment from Dr. Mehandiratta and remained admitted in the hospital as indoor patient in that hospital for 40 days.

(3.) A notice being issued, respondent No. 1, the driver filed a written statement and admitted that he was the driver on the said bus on the given date and time and he was driving the bus from Ambala City to Naraingarh. It was pleaded by him that he was driving the bus at a speed of 15-20 Kms per hour. However, he totally denied any accident having taken place with his bus. Respondent No. 2 i.e. Haryana Roadways filed separate written statement in which respondent No. 2 admitted the accident but pleaded that the claimant came from the wrong side without seeing the traffic and was in hurry to cross the road, though, the bus was at a slow speed of 15-20 Kms per hour. Therefore, respondent No. 2 claimed that the accident took place due to negligence of the claimant himself. The Insurance Company-respondent No. 3 filed separate written statement and in that the Insurance Company pleaded that the driver was not having valid and effective driving license and further that as per the Special Contingency Contract the maximum liability of the Insurance Company was upto Rs. 5,00,000/- in one accident. It further denied the particulars of the claim petition regarding the age, income, injuries, treatment and business etc. as claimed by the claimant.