JAI BHAGWAN Vs. MALKIAT SINGH AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of two appeals namely FAO No.4484 and 5231 of 2014 both filed by the injured-claimants for enhancement of compensation as awarded by the Motor Accidents Claims Tribunal, Karnal (for short "the Tribunal") vide its award dated 1.5.2014.

(2.) In the claim petitions, it had been pleaded that on 6.12010, Jai Bhagwan alongwith his daughter Rimpy was going on Hero Honda Splendor(Motorcycle) No. HR-05V-1097. At about 130 PM, when he reached near the fields of Jeet Ram in village Sikri, District Karnal, an Alto Car bearing registration No.HR-99-GHO-8757-HQ(TP) (herein after referred to as 'offending vehicle') came which was being driven at a high speed and in a rash and negligent manner. On seeing it, the claimant stopped his motorcycle. However, the offending vehicle struck against his motorcycle from the front side. Claimant Jai Bhagwan alongwith his daughter fell down on the metalled road. Jai Bhagwan suffered injuries on his legs, arms, head and private parts. His daughter suffered injuries on her head and left thigh. The motorcycle was also badly damaged. The injured claimants were got admitted in G.H. Nilokheri for treatment. However, considering the seriousness of injuries, they were both referred to Karnal. FIR No. 394 dated 9.12010 under sections 279,337, 338 and 427 IPC was registered against respondent No.1, the driver -cum-owner of the offending vehicle. Report under section 173 Cr.P.C. was also filed.

(3.) The learned Tribunal on the basis of evidence concluded that the accident has been caused due to the rash and negligent driving of respondent No.1.