SUBH RAM Vs. KRISHAN KUMAR AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the claimant-injured for modification of award dated 16.02.2009 passed by the Motor Accident Claims Tribunal, Narnaul on account of injuries suffered by him in a motor vehicular accident on 02.09.2006.

(2.) Briefly, the facts of the case are that on 02.09.2006, the appellant along with one Kuldeep was returning on motorcycle bearing registration No.HR-35C-8492 from Gurgaon Gramin Bank Sheema. At about 12 pm, on reaching near Bus Stand Khampura, the offending tractor driven in a rash and negligent manner, hit their motorcycle from behind, due to which, the appellant suffered injuries on his left leg. He was shifted to Civil Hospital, Narnaul where he was medico-legally examined. Thereafter, he was referred to a hospital at Jaipur, resultant whereupon, his family members took him to Saini Orthopaedic Hospital, Jaipur. The matter was reported to the Police and FIR No.159 dated 05.09.2006 under Sections 279, 337, 338 Penal Code was registered at Police Station Sadar, Narnaul against driver of the offending vehicle. Thereafter, a claim petition was filed for grant of compensation to the tune of Rs. 10,00,000.00 on account of injuries suffered by him stating that he was 45 years of age and was getting salary of Rs. 18,000.00 per month being employed as a teacher in Haryana Education Department. An amount of Rs. 70,000.00 was stated to be spent on treatment, purchase of medicines and transportation etc.

(3.) A joint written statement was filed by the respondents No.1 and 2 wherein they denied the factum of accident. The claim petition was allowed and an amount of Rs. 1,48,000.00 was awarded as compensation. Out of total amount, Rs. 25,000.00 was awarded towards pain, agony, suffering, transportation and special diet whereas Rs. 41,000.00 was awarded on account of expenses on medicines and treatment as per bills Ex.P-2 to Ex.P-11. Rs. 50,000.00 was awarded on account of loss of earnings during hospitalization and recovery and Rs. 32,000.00 on account of disability to the extent of 16%.