SURAJ BHAN Vs. MUKESH KUMAR

JUDGEMENT

(1.) Appellant-claimant has filed this appeal against award dated 28.1.2003, passed by Motor Accident Claims Tribunal, Jhajjar (in short 'the Tribunal'), vide which award to the tune of Rs. 62,200/- was passed in favour of claimant-appellant and against respondents, who were made jointly and severally liable to pay compensation. 9% per annum interest was also allowed from date of filing of claim petition till realization.

(2.) Facts of case are that on fateful day of 13.6.2000, claimant-appellant accompanied by wife Shankuntla, aged about 23 years, was going on scooter bearing registration No. HR14 A 1399 towards Najafgarh. Near hotel of Raj Singh in between Dhansa Border and Dhansa Village, offending bus bearing registration No. DL1PA 5513, being driven by respondent No. 1 driver Mukesh Kumar came rashly and negligently and hit scooter. As a result of accident, Suraj Bhan Singh received multiple injuries. His left leg was fractured. He suffered 7% permanent physical disability. His wife Shakuntla, who was 37 weeks pregnant, was removed to Safdarjang Hospital and then to PGIMS, Rohtak.

(3.) However, she succumbed to injuries on 26.6.2000. Claimant-appellant claimed that his wife was running milk dairy and also performing domestic duties. Claimant-appellant himself had share in brick kiln.