LAWS(P&H)-2018-11-197

RISHAV SAINI Vs. SHAMMY AND ORS.

Decided On November 15, 2018
Rishav Saini Appellant
V/S
Shammy And Ors. Respondents

JUDGEMENT

(1.) Rishav Saini has filed the instant appeal seeking enhancement of compensation in respect of injuries sustained by him in a motor vehicle accident.

(2.) Briefly noticed a petition under Sec. 166 of the Motor Vehicles Act was filed before the Motor Accident Claims Tribunal, Chandigarh seeking compensation to the tune of Rs.50.00 lakhs on account of injuries suffered by the claimant/appellant in a motor vehicle accident that took place on 10/6/2013. It was asserted that the claimant was pillion riding on a motorcycle and proceeding towards Sector 23, Chandigarh when a car bearing registration No.CH-01-AM-0802 being driven in a rash and negligent manner came from the opposite side and struck against the motorcycle. As a result, the claimant as also the person driving the motorcycle sustained grievous injuries. Claimant was taken to PGI, Chandigarh for treatment. His right leg below the knee was amputated. Further injuries were suffered on the right arm and other parts of the body. Claimant stated himself to be 19 years of age at the time of accident and having qualified the 10+2 examination as also IELTS Examination and having received a letter from Cardiff Metropolitan University, United Kingdom to pursue higher studies.

(3.) The claim petition having been contested, following issues were framed by the Tribunal: