WASTI RAM KOHLI Vs. INDRIS

JUDGEMENT

(1.) THIS is an appeal filed by Wasti Ram Kohli (herein after described as 'the appellant') directed against the award of the Motor Accident Claims tribunal, Gurgaon dated 25. 1. 1994. By virtue of the impugned award the learned Tribunal had awarded compensation to the tune of Rs. 1,38,000.00 with costs and interest at the rate of 12 per cent per annum from the date of filing of the petition i. e. 8. 10. 1992 till payment of the same to the appellant.

(2.) THE relevant facts are that appellant is serving in the office of Civil Surgeon, Gurgaon. He joined service in the year 1968. On 29. 5. 1992 he had gone to Punhana for fetching birth and death record from Police Station, Punhana. He boarded the jeep No. HR-26a-6809 from bus stand Nuh. The driver of the jeep was Ibrahim and the jeep was being driven on the left side at a slow speed. A vehicle No. HNC-1423 was found going ahead of the jeep. In the meantime truck No. HR-26-4727 came from the opposite direction. It was being driven by Idris in a rash and negligent manner. Abruptly the truck struck against the jeep. On account of that the appellant received injuries. He was shifted to Civil Hospital, Sohna, from where he was sent to Pushpanjali Hospital, Gurgaon. He remained admitted there till 3. 6. 1992.

(3.) As a result of the crushing injuries, the right arm of the appellant was amputated. He suffered disability to the extent of 85%. As a result of the shock, the wife of the appellant died. He had spent Rs. 40,000.00 on the treatment and the diet. He suffered mental agony and pain and his future has become bleak. Rs. 5 lacs, were claimed as compensation from the respondents.