SUKHJIT SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS is an appeal under Clause X of the Letters Patent against the judgment of the learned Single Judge by which he has enhanced the amount of compensation payable to the respondent from Rs. 25,000/- to Rs. 1,00,000/-. FACTS : The respondent is a photographer by profession and is proprietor of M/s Photo Centre, Sheranwala Gate, Patiala. He suffered grievous injuries in the accident which took place on 5.11.1981 near Gandanala Chowk, Patiala. Jeep No. PBV-5973, driven by the appellant Sukhjit Singh struck Scooter No. CHD-2016 on which the respondent and Krishan Lal were travelling. As a result of accident, the respondent suffered multiple injuries including compound fracture of both the bones of right leg and loss of teeth. The respondent filed claim petition and prayed for award of compensation amounting to Rs. 1,00,000/- for injuries and pain, loss of earning, permanent disability and expenses incurred by him for medical treatment. The appellants contested the claim petition and denied their liability.

(2.) THE Motor Accidents Claims Tribunal framed the following five issues :-

(3.) THE judgment of the learned Single Judge has been challenged on the ground of patent error in the appreciation of evidence produced by the parties and also on the ground that the award of compensation is against the established principles of law.