GULAB SINGH Vs. RANI GUPTA AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed against the award dated 17.5.2004 passed by the Motor Accidents Claims Tribunal, Karnal (for short 'the Tribunal').

(2.) On 11.5.2002 Gulab Singh was travelling in a Matador bearing registration No.HR-38-B-1652. The said vehicle was being driven rashly and negligently, as a result, it turned turtle. Gulab Singh sustained injuries i.e. communited fracture upper tibial condyle and fibula left side involving outer tibial condyle mainly, alongwith compartments syndrome symptoms, fracture right calcamneum with abrasions and fracture base of the second and third metatarsal left foot alongwith abrasions. He was hospitalized in Civil Hospital, Karnal, and thereafter in hospital of Dr. Vijay Gupta, City Nursing Home, Karnal. He remained hospitalized from 11.5.2002 to 25.5.2002 and thereafter he was having follow up treatment. The result of the injuries was that he suffered 8% permanent disability qua whole body. The said disability was proved vide Ex.P4. Dr.Vijay Gupta, was examined as PW2 and Dr.Rajinder Kumar, was examined as PW5. The Doctor proved the disability certificate and the fact that the appellant was operated upon and treated in his Nursing Home.

(3.) In the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act'), the Tribunal awarded a sum of Rs.60,000/- along with interest at the rate of 9% per annum.