SAMEEM Vs. HARJINDER SINGH

JUDGEMENT

(1.) The injured-claimant has filed the present appeal seeking enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Chandigarh (for short 'the Tribunal') vide award dated 01.05.2012 passed in MACT Case No.382 of 2009 titled Sameem Vs. Harjinder Singh and others on account of injuries suffered by him in a motor vehicle accident, which took place on 30.07.2009.

(2.) The appellant/claimant filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the M.V. Act') on the averments that on 30.07.2009 the appellant/claimant was going from his house to Sector 34, Chandigarh on his motor cycle along with Pardeep Singh as pillion rider on the left side of the road. They were being followed by Anish on his scooter. At about 8:00 a.m. when they Vinod Kothiyal 2019.06.25 10:56 I attest to the accuracy and authenticity of this document were going on the road leading from Mullanpur to Dhanas and reached in front of Radha Krishna Marble, Dhanas bus bearing registration No.PB-12-G-4508, owned by respondent No.2 and insured with respondent No.3, driven by respondent No.1 in a rash and negligent manner came at fast speed from opposite direction and by coming to the wrong side struck against their motor cycle due to which the appellant/claimant and Pardeep Singh fell on the road and suffered serious injuries. They were taken to PGI, Chandigarh. FIR No.180 dated 31.07.2009 was registered under Section 279 and 337 IPC at Police Station Sector 11, Chandigarh.

(3.) The appellant/claimant averred in the claim petition that he suffered from fracture of right hand (distal radius right) and underwent operation of bone grafting in P.G.I. Chandigarh. The appellant/claimant spent amount of 50,000/- towards his medical treatment. The appellant/claimant was aged about 22 years and was a student at the time of accident. The appellant/claimant having done B.A. and wanted to do M.B.A. Due to the accident he became permanently disabled. The appellant/claimant accordingly sought award of compensation of 15 lacs with costs and interest at the rate of 12% per annum against respondents No.1 to 3 jointly and severally.