SANDEEP KUMAR Vs. RAKAM SINGH

JUDGEMENT

(1.) The award dtd. 9/1/2014 passed by the Motor Accident Claims Tribunal, Kurukshetra [for brevity 'the Tribunal'] has been assailed by the claimant seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act'].

(2.) Brief facts of the case are that on 23/6/2012, Sandeep Kumar and his father were going on their separate bicycles on Kurukshetra-Kheri-Ram Nagar road towards Kuruskhetra. On the way, the appellant was hit by offending car bearing registration No. HR-10C-0003 [hereinafter referred to as 'offending vehicle']. As a result of the impact, the appellant fell on the windscreen of the offending vehicle and then fell down and got struck underneath the offending vehicle. He was dragged to some distance. He received multiple grievous injuries and was taken to LNJP Hospital, Kurukshetra. FIR was registered at Police Station City Thanesar.

(3.) A claim petition was filed under Sec. 166 of the Act. The Tribunal after considering the facts and appreciating the evidence adduced held that the accident was caused due to the rash and negligent driving of the offending vehicle. The ownercum- driver and insurer of the offending vehicle were held jointly and severally liable to pay the compensation. The Tribunal awarded a sum of Rs.5,42,835.00 alongwith interest @ 7.5% per annum. The amount awarded included Rs.3,68,335.00 towards medical expenses; Rs.50,000.00 for pain and suffering and Rs.1,24,000.00 towards hospitalization.