VIJAY KUMAR Vs. HEM RAJ AND OTHERS

JUDGEMENT

(1.) The present appeal is against the award dated 20.01.2010 passed by the Motor Accident Claims Tribunal, Gurdaspur (hereinafter referred to as 'the Tribunal'). The appeal has been filed by the claimant for enhancement of compensation of Rs. 1,20,000/- awarded by the Tribunal on account of fracture to the right leg suffered by the claimant due to road accident between Maruti Van driven by the claimant and the truck driven by Hem Raj (respondent No.1).

(2.) The brief facts necessary for adjudication of the present appeal are that on 06.11.1999, the appellant - claimant was driving a Maruti Van bearing registration No. HP-38-4198. He was coming from Jammu to Pathankot after delivering the business material. At about 6.10 AM, near Sangwan Mor Raja Bagh (J&K), a truck bearing registration No. JK-02- 5266 (hereinafter referred to as 'the offending vehicle') which was driven by Hem Raj (respondent No.1) came from the opposite side and struck against the Maruti Van. The offending vehicle was coming on wrong side of the road and was driven rashly and negligently at a very high speed. As a result of the accident, right leg of the appellant - claimant was fractured. He was initially taken to Sehgal Hospital, Pathankot. FIR No. 107 of 1999 was also lodged in Police Station Raja Bagh.

(3.) A claim petition was filed by the appellant claiming a compensation of ' 5.00 lacs on account of injury suffered by him. Before the Tribunal, the appellant - claimant tendered his affidavit stating that he was employed as driver with Lovely Sweets, Gandhi Chowk, Pathankot. At the time of the accident, his age was 29 years. It was claimed that he was drawing salary of Rs. 2,000/- per month along with daily allowance of Rs. 50/-. He claimed that a sum of Rs. 10,000/- was spent by him for fixation of plates in the right leg.