SAHID KHAN Vs. BHEEM SINGH AND OTHERS

JUDGEMENT

(1.) Sahid Khan, the injured-victim is in appeal seeking enhancement of compensation in respect of injuries sustained by him in a motor vehicular accident dated 22.2.2009 due to rash and negligent driving of vehicle No. MP-08K-0237 by Bheem Singh, its driver.

(2.) To prove quantum of compensation liable to be paid to the injured, claimant examined Dr. Farukh, Medical Officer PW1. The Motor Accidents Claims Tribunal, Nuh at Mewat (in short "the Tribunal") held that the present is a case of contributory negligence, therefore, 75% compensation shall be payable by the driver, owner and insurer of the aforesaid vehicle and the remaining 25% shall be attributed to negligence of the victim. However, the Tribunal assessed compensation of Rs. 8,16,370/-, detailed hereunder:- <FRM>JUDGEMENT_233_LAWS(P&H)2_2018_1.html</FRM>

(3.) Counsel for the appellant would urge that the injured was driving vehicle No. HR-55D-1762 when the accident in question took place due to rash and negligent driving of the offending vehicle, sufficient to prove that he was driver by profession. It is further argued that he suffered disability of 70% on account of post traumatic, amputation of right leg below right knee. It is argued with vehemence that as right leg of the injured has been amputated, he would be able to work as a driver, therefore, he is entitled to loss of income by treating his disability to 100%.