NARDEV SINGH Vs. UGGAR SINGH

JUDGEMENT

(1.) The present appeal has been filed by appellant-Nardev Singh for modification of award dated 11.11.2004 passed by Motor Accidents Claim Tribunal, Mansa (hereinafter referred to as 'The Tribunal').

(2.) Briefly the facts of the case as per claim petition are that on 29.5.2003 at about 30 pm, appellant-Nardev Singh along with his friend Charanjit Singh was returning from his poultry farm to Mansa City on his scooter, which was being driven by him and said Charanjit Singh was its pillion rider. On reaching near petrol pump, bus bearing No. PB-31B/4717 being driven in a rash and negligent manner by the driver hit the scooter which resulted into accident. The appellant suffered multiple grievous injuries and filed claim petition against driver of the offending vehicle, owner of the bus and insurance company and claimed compensation to the tune of Rs. 8 lacs. Notice in the claim petition was issued to the respondents. Respondents No.1 and 2 appeared, filed joint written statement and contested the petition. Respondent No.3-Insurance Company filed separate written statement alleging therein that the driver of the bus was not having a valid driving licence at the time of accident. The respondent-Insurance company also denied its liability to make payment of compensation as the driver and owner violated the terms and conditions of the insurance policy. The claim petition was allowed and compensation to the tune of Rs. 1,70,000.00 was awarded in favour of the appellant vide award dated 11.11.2004, which was to be paid by the respondents jointly and severally within a period of two months from the date of passing of the award, failing which, the claimant was held entitled to claim interest at the rate of 5% per annum from the date of filing of the petition till its realization. The appellant being unsatisfied with the award approached this Court for enhancement of compensation by way of filing the present appeal.

(3.) Learned counsel for the appellant submits that only an amount of Rs. 40,000.00 has been awarded on account of temporary disability and report of medical board has not been taken into consideration. An amount of Rs. 86,800.00 was awarded on account of medical bills, whereas, some of the amount was spent as medical expenses by the relatives and other visitors. Learned counsel further submits that a meager amount of Rs. 10,000.00 has been awarded towards hospitalization and Rs. 10,000.00 on account of loss of salary, whereas, the appellant received multiple injuries coupled with disability and, therefore, the amount of compensation is inadequate. Even the amount awarded on account of special diet and attendant charges is also on the lesser side. At the end, learned counsel for the appellant submits that the amount of compensation awarded to the appellant is liable to be enhanced keeping in view the nature of injuries and that he was only 39 years of age at the time of accident.