SATBIR SINGH Vs. YASDEV AND OTHERS

JUDGEMENT

(1.) This is an appeal that has been filed by the claimant/ appellant herein for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as the 'Tribunal') by judgment dated 02.06.2003 whereby he was awarded a sum of Rs. 3,87,000/- on account of the injuries received by him in the motor vehicular accident.

(2.) In brief the facts are that the claimant-appellant herein, had preferred a claim petition under section 166 of the Motor Vehicles Act, 1988 (in short the 'Act') against the respondents alleging that on 12.04.2000 he along with Satyawan was going on scooter No. HR-51E-5870 from village Mundhal to Hansi. The scooter was being driven by Satyawan whereas he was pillion. When they reached about 2 kilometers away from village Mundhal towards Hansi, a bus of Haryana Roadways No. HR-12PAQ-0219 being driven in rash and negligent manner came from the Hansi side and struck against the scooter, due to which they fell on the road and sustained injuries. He was taken to City Hospital Hisar where his right leg was amputated as it was badly crushed. A case FIR No. 60 dated 13.04.2000 under Sections 279/337 IPC came to be registered at Police Station Sadar Hansi. It was claimed that he took treatment from Dr. Rajiv Aggarwal of City Hospital, Hisar. A sum of Rs. One lakh was spent by him on his treatment.

(3.) The claim petition was contested by respondent No.1-State of Haryana by filing written statement wherein preliminary objections of cause of action, maintainability, locus standi, were taken while further alleging that no accident was caused with bus No. HR-12PA-0219. On merits, the age, employment income, injuries and the amount spent by the claimant on the treatment were denied.