AHSAN MOHAMMAD Vs. RAMESH CHAND

JUDGEMENT

(1.) This appeal has been filed by the claimant-appellant seeking enhancement of compensation awarded by Motor Accident Claims Tribunal, Gurgaon (hereinafter referred to as 'the Tribunal') vide award dated 28.10.2016, on account of injuries received by him in a motor vehicular accident which took place on 06.10.2007.

(2.) Brief facts of the case are that on 06.10.2007, at about 04.00 P.M., when claimant-appellant (Ahsan Mohammad) was playing near his house at village Bhondsi, District Gurgaon, one Tata-407 bearing registration No. HR-55-C-4023 being driven by Ramesh Chand-respondent No.1 in a rash and negligent manner, came and hit him (appellant), as a result of which, he received multiple facial and orbital fractures and developed complete visual loss in the right eye. With regard to the accident, FIR No.378 dated 09.10.2007, under Sections 279/337 IPC was registered at Police Station, Sohna against respondent No.1-Ramesh Chand. Consequently, the claimant-appellant filed a claim petition before the Tribunal.

(3.) On the basis of evidence led by the parties, the Tribunal came to a conclusion that the accident had taken place on account of rash and negligent driving of offending vehicle by its driver-respondent No.1 and thus, returned finding on issue no.1 in favour of the claimant. This finding was rightly given on the basis of deposition of Hussain Mohd. (PW-3), who is father of injured-claimant. Claimant has also proved on record copy of FIR Ex.P1 and driving licence of respondent No.1 as Ex.P2. After the accident, claimant-appellant has lost complete vision of his right eye. The compensation was awarded by the Tribunal as under:-