MANPREET SINGH Vs. SURAIN YADAV AND ANOTHER

JUDGEMENT

(1.) This order will dispose of FAO Nos.158 and 384 of 2006 as these have emerged out of the same award dated 01.10.2005 passed by the Motor Accidents Claims Tribunal, Ludhiana (in short 'the Tribunal') whereby compensation has been awarded on account of injuries sustained by Manpreet Singh appellant (in FAO No.384 of 2006) in a motor vehicular accident that took place on 22.10.2001.

(2.) Fao No.158 of 2006 has been filed by M/s Ludhiana Builders, registered owner of Road Roller bearing No.AP-37114260 EY (alleged offending vehicle) whereas the other appeal has been preferred by the claimant seeking enhancement of compensation. For facility of reference M/s Ludhiana Builders shall be referred to as the 'appellant' whereas Manpreet Singh as 'claimant'.

(3.) The facts relevant for disposal of the appeals are that Manpreet Singh filed application for grant of compensation to the tune of Rs.12,50,000/- on the allegations that on 22.10.2001 at about 7 PM, he was coming back from Sant Lopon Wala as a pillion rider on scooter LML Vespa bearing No.PB-10-Z-Temp-1160 driven by Amrinderjit Singh @ Deepu. When they reached near Octroi post Dakha, Road Roller bearing No.AP-37114260 EY driven by Surain Yadav @ Surinder Yadav on the kacha side towards Ludhiana was going ahead. When Amrinderjit Singh wanted to overtake the road roller, driver suddenly brought the same on the road and struck with the scooter. The claimant and Amrinderjit Singh @ Deepu fell in front of road roller and received multiple injuries. Both the legs and right shoulder of the claimant got fractured. The accident was caused due to negligent driving of road roller and was witnessed by Nirmal Singh. FIR No.115 dated 30.10.2001 under Sections 279, 427, 337 and 338 IPC was registered against Surain Yadav at Police Station Dakha.