BABLU Vs. MANGAL SAIN AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the claimant seeking enhancement of the compensation awarded to him by the learned Motor Accident Claims Tribunal, Ambala ('Tribunal' for short) vide award dated 30.04.2001 on account of injuries and disability suffered by him in a motor vehicle accident on 04.09.1998.

(2.) Brief facts necessary for adjudication of the case are that a petition under Section 166 of Motor Vehicles Act was preferred by the appellant seeking compensation on account of the injuries and disability suffered by him. The appellant was involved in a motor vehicle accident on 04.09.1998 when he was on his way to the market on his bicycle. When the appellant reached near Vijay Rattan Chowk towards Jain Girls Higher Secondary School, the offending car bearing registration No.PB-13C-0022 being driven by respondent No.1 in a rash and negligent manner and at a high speed without blowing any horn came from behind and dashed against the cycle of the claimant. The cycle of the claimant fell down and he sustained multiple and grievous injuries. He was taken to a private hospital at Ambala Cantt. by respondent No.1 in his car and thereafter he ran away. FIR No.520 dated 09.09.1998 was registered at Police Station Ambala Cantt against respondent No.1. It was pleaded that the claimant at the time of accident was 48 years old and was working as Senior SCALE Operator in T.C.O., Ambala Cantt. (PNT Department). He was drawing a salary of Rs. 6065/- per month at that time. Compensation was, thus, prayed for.

(3.) The learned Tribunal on consideration of the facts and evidence on record held that the accident in question took place due to the rash and negligent driving of offending vehicle by its driver. There is no dispute regarding the above said finding of the learned Tribunal on this issue, which has attained finality.