GURBAKSH SINGH Vs. MAHESH

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal has been preferred by the driver-cum-owner of the offending vehicle impleaded as respondent No.1 in the claim-application, against the Judgment and Award dtd. 13/9/2018 passed by the Motor Accident Claims Tribunal, Ambala, in Claim Petition No.77 of 2016 by which the claim-applicant has been awarded a sum of Rs.7,82,000.00 as compensation amount along with interest @ 7.5% per annum to be calculated from the date of filing of the claim application till the realization of the said amount.

(3.) Briefly stating, case of the claimant is that on 13/11/2015, while returning from Renukaji to his village Kakkar Majra on a motorcycle driven by his neighbour Bittu on left hand side of the road at a normal speed, at about 6 P.M., when they reached near Shahpur on Shahzadpur-Naraingarh road, a Verna car bearing registration No.HR-40E-0130 came from the opposite side at high speed on the extreme wrong side of the road and hit the motorcycle. Under the heavy impact of the accident both the occupants fell down and suffered multiple grievous injuries. Claimant suffered multiple fracture on his right femur and other injuries. Both the injured were shifted in the hospital at G.H.Naraingarh from where due to critical condition of the claimant, he was referred to GMCH, Sector 32, Chandigarh, where he remained admitted from 14/11/2015 to 11/12/2015. Thereafter, he remained under treatment of Vardhman Trauma and Laparoscopy Centre, Muzaffar Nagar, where four operations were conducted. It is claimed that he was still under treatment as OPD patient and had spent Rs.12.00 Lacs on his treatment i.e., transportation and special diet etc. At the time of accident, he was running the business of utensils and was earning handsome income but after the accident he is not in a position to even stand with the help of stick on his own and pick up weight from his right arm. It is further averred that the accident has ruined his business and suffered huge financial loss. FIR was also registered under Sec. 279, 337 of IPC at the Police Station, Naraingarh. Eventually, the respondent-claimant sought compensation of Rs.30.00 Lacs for the accident which was caused due to sole negligence of the respondent-appellant.