HANUMAN Vs. MANOJ KUMAR AND ORS

JUDGEMENT

(1.) This is the appeal filed by the injured claimant, challenging the order passed by Motor Accident Claims Tribunal (in short 'MACT), Hisar on the ground of insufficiency of compensation amount.

(2.) Brief facts of the case are that on 26.01.2004 at about 8.30a.m., the claimant along with his son-in-law Ashok had come to village Shahpur from Dhani on a new motor-cycle bearing engine No.51011492 of Kinetic Boss, make, for purchasing household items on the occasion of marriage of his son. After making the purchases when they were going back to their dhani and reached near outskirt of village Shahpur, a truck bearing registration No.RJ-10G/1277, which was going towards village Mastersham and was being driven by respondent No.1 in a rash and negligent manner, hit against their motor-cycle. It was claimed that the motor-cycle was being driven by the claimant at a moderate speed on the left side of the road. As a result of the impact, the motorcycle fell on the berm of the road and the claimant received serious and grievous injuries on different parts of his body. The main injury was on the head of the claimant. He was admitted to CMC Hospital, Hisar. It was claimed that in this regard, an FIR was also registered. It was further claimed that the claimant remained admitted in CMC, Hospital, Hisar from 26.01.2004 to 29.02.2004. He was treated by different doctors and was still under treatment. It was claimed that an amount of Rs.80,000/- have already been spent on the treatment. It was further pleaded that the doctor had opined that there was no possibility of regaining in future also. Hence, the compensation was claimed for the injuries suffered in the accident.

(3.) On notice, respondents No.1 and 2 filed joint written statement. Besides taking preliminary objections, they denied the contents of the claim petition. They denied the accident altogether. It was claimed that the false case was registered against respondent No.1.