RAKESH Vs. PARKASH CHAND AND OTHERS

JUDGEMENT

(1.) Appeal and cross objection, as noticed above, are being disposed of by this common judgment, having arisen out of the impugned award dated 30.08.2011 passed by the learned Motor Accident Claims Tribunal, Sonipat.

(2.) The facts which are not in dispute are that on 09.10.2009, the appellant-Rakesh was going back to his house on his motorcycle bearing No. DL-8SAG-6257. When he reached across petrol pump, in the meantime, a santro car bearing No. DL-4CJ-3592 came Bahalgarh side and struck against the motorcycle of the appellant. The said car also struck a three wheeler boarded with the passengers. The car was being driven by respondent No. 2-driver of the offending vehicle. In this accident, the appellant suffered multiple and grievous injuries. The appellant was shifted to Maharaj Aggarsain Hospital. F.I.R No. 392 dated 10.10.2009 under Sections 279/337/338 IPC at P.S. Rai, Sonepat.

(3.) As per the Tribunal, the injured-appellant in the present case remained in hospital w.e.f 09.10.2009 to 25.10.2009, 25.10.2009 to 28.11.2009, 03.12.2009 to 10.12.2009 and from 10.12.2009 to 31.12.2009 and he had spent Rs.11,40,989/- on his medical treatment. Rs.11250/- were awarded on account of temporary disability to the extent of 45%. Further Rs.18000/- were awarded towards loss of income for 05 months. Rs.60,000/- towards pain and suffering were also awarded. Rs.5000/- were awarded towards transportation, Rs.5000/- were awarded towards special diet and Rs.7500/- towards attendant charges. The total compensation of Rs.12,47,739/- were awarded. However, the learned Tribunal fastened the liability of respondent Nos. 2 and 3 to pay the compensation jointly and severally.