VIJAY SEHGAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Claimant-Vikas Sehgal seeks enhancement of compensation as awarded to him vide award dated 9.5.2002 passed by learned Motor Accident claim Tribunal, Jalandhar on account of injuries sustained by him in a vehicular accident which occurred on 1.9.2000.

(2.) As per the case set up by the claimant, he boarded a bus bearing registration No.PB-12B-9411 belonging to Punjab Roadways Ludhiana on 1.9.2000 from Amritsar for going to Jalandhar which was being driven by respondent-Kulbir Singh negligently and at a high speed. At about 2 P.M. when the bus reached near Dhussi Band, the petitioner started opening the window pane but in the meantime the driver of the bus took the bus towards the right side at the turning and the rear right side of the bus struck against a truck coming from the Jalandhar side and resultantly his right arm was chopped off. The claimant was admitted in Radha Soami Hospital, Beas where he was administered first aid and was shifted to Civil Hospital, Jalandhar but since he could not get proper treatment there, he was shifted to Janta Hospital, Jalandhar where he remained admitted from 1.9.2000 to 13.9.2000. It is asserted that he was aged 35 years at the time of accident and was doing business of supplying maps, charts to various schools of Punjab, UP, MP, J&K etc. and was earning Rs. 4000/- per month and that on account of amputation of his right arm he is unable to carry his luggage i.e maps etc. for supplying the same at various places. Thus a compensation to the tune of Rs. 10,00,000/- was claimed.

(3.) Respondents No.1 and 2 in their reply denied all the material averments of claim petition including the factum of accident itself. Respondent No.3 driver of the above said bus in question filed a separate reply denying the factum of accident. The parties were put to proof the following issues: