PRITPAL SINGH Vs. RAJWINDER SINGH

JUDGEMENT

(1.) Brief facts of the case are that on 3.10.1998, at about 6.15 PM, claimant Rajwinder Singh was driving scooter bearing Registration Number PB-01-L-6296. His wife, daughter and brother's son were also riding the same scooter. When they reached near Ice Factory on Fatehgarh Churian Road, Amritsar, a Maruti Van bearing Registration Number PB-02-F-9666 being driven by Lakha Singh - respondent no.2 came rashly and negligently and hit the scooter from the back side. As a result of accident, claimant and occupants fell down. Claimant received head injuries and became unconscious at the spot. Respondent no.2 fled away from the spot along with his Maruti Van. According to the claimant, he suffered permanent disability to the extent of 75% in the right and left eyes. Claimant claimed that he spent Rs.1,50,000/- on his treatment. He was working in the Home guard Department as Instructor and drawing salary of Rs.6000/- per month. He was 40 years of age at the time of accident. He claimed Rs.Six lakhs as compensation. The vehicle was found to be uninsured. Respondent no.1 owner and respondent no.2 driver were impleaded as respondents. Respondent no.2 did not appear, whereas respondent no.1 appeared and stated that he had already sold the vehicle to one Satnam Singh. The claim petition is bad for non-joining of Satnam Singh. He also denied the accident and claim set up by the claimant.

(2.) From the pleadings, following issues were framed:-

(3.) Against the said award, the owner has come up in appeal before this Court stating that he is not liable to pay the compensation and the compensation granted is excessive. The claimant has filed Cross Objections, claiming enhancement in compensation.