BHUP SINGH Vs. MAINPAL

JUDGEMENT

(1.) By this common order, this Court proposes to dispose of the above mentioned two appeals, which have been filed seeking enhancement of the amount of compensation as awarded by the Motor Accident Claims Tribunal, Fatehabad.

(2.) It is not in dispute that the accident took place on 24.12.2012 between the two claimants, namely Subhash, who was driving the motor cycle bearing registration No. HR-51Q-3670 along with Bhup Singh, who was pillion rider and a Bolero vehicle bearing registration No. HR-22F9675, being driven in a rash and negligent manner by Mainpal-respondent No.1. Due to the impact of the accident, the claimants received multiple injuries and were immediately admitted in General Hospital, Fatehabad and subsequently shifted to Sarvodaya Multispeciality Hospital, Hisar. An FIR.No. 638 dated 26.12.2012 for the commission of an offence punishable under Sections 279, 337 and 338 IPC was registered against the driver of the offending vehicle, namely Mainpal.

(3.) Two claim petitions were filed, one by Bhup Singh (appellant in FAO 196 of 2015), who was pillion rider, stating that on account of the injuries suffered by him in the accident he remained admitted in the hospital from 24.12.2012 to 10.1.2013 and suffered permanent disability to the extent of 30% and thus claimed a sum of Rs.20 lakhs as compensation on account of the injuries suffered by him against Mainpal, driver and National Insurance Company, the insurer of the offending vehicle. Similarly, Subhash (appellant in FAO 197 of 2015) averred in his claim petition that on account of the multiple injuries suffered by him in the occurrence that took place on 24.12.2012, he remained admitted in the hospital from 24.12.2012 to 4.1.2013 and suffered physical and mental agony and thus he also claimed a sum of Rs.20 lakhs as compensation.