AVJIT SAHA Vs. RAMESH KUMAR AND OTHERS

JUDGEMENT

(1.) By this appeal, the appellant seeks enhancement of the compensation of Rs.4 lacs awarded to him by the learned Motor Accident Claims Tribunal, Panchkula, vide the impugned award dated 04.10.2004. The facts leading up to the filing of the claim petition under Section 166 of the Motor Vehicles Act, 1988, are that the appellant is stated to have been going to Pinjore on his scooter bearing registration no.CHoiX- 4584, on 26.08.2000, and when he reached round about of Command Hospital, Chandimandir at about 3.10 p.m., a truck bearing registration no.HP-12-3939 came and hit him from behind, as stated in the claim petition. The truck was stated to have been driven by respondent no.1, Ramesh Kumar and was owned by respondent no.2, Nand Lal. It was insured with respondent no.3, i.e. the National Insurance Co. Ltd.

(2.) As a result of the aforesaid accident, the appellant who is stated to have been 28 years old at that time, suffered a head injury and became unconscious. He was moved to the PGIMER, Chandigarh, where he remained admitted for 2 days, i.e. upto 28.08.2000, after which he is stated to have remained under treatment as an outdoor patient, and was under such treatment even at the time of filing of claim petition, as contended.

(3.) The injuries are stated to have left him disabled to the extent of 77%, as per the assessment of the disability Board of the said institute itself, i.e. the PGI, Chandigarh, and consequently, seeking compensation, the claim petition came to be filed on 16.09.2000.