KRISHAN LAL Vs. SOHAN SINGH AND ORS.

JUDGEMENT

(1.) The award dtd. 12/1/2011 passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'the Tribunal') has been assailed by the claimant seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 (for short 'the Act') for the injuries sustained in the motor vehicular accident The driver of bus bearing registration No. HP-18-3602 (for short 'the offending vehicle'), owners i.e. General Manager, Himachal Road Transport Corporation, Nahan Depot, Nahan, Himachal Pardesh and Managing Director, Himachal Road Transport Corporation, Shimla, H.P., have been arrayed as respondents No. 1 to 3 respectively in the appeal.

(2.) The facts emanating from the record are that on 23/3/2010, the appellant was riding his motor cycle bearing registration No. HR-05S- 9788 and another person was the pillion rider on the motor cycle. On his way the motor cycle was hit by a rashly and negligently driven offending vehicle. As a result of the impact, the motor cycle fell down, the bus dragged the motor cycle for 60-70 meters, as a result of which the appellant sustained grievous injuries. He was taken to Community Health Center, Mullana from where he was referred to General Hospital, Ambala and then to PGIMER, Chandigarh. FIR No. 46 dtd. 23/3/2010 was registered at Police Station Mullana.

(3.) A claim petition was filed claiming that Krishan Lal (claimant) was employed as Fitter with M/s Oleum International, Taraori and was getting monthly salary of Rs.8000.00. It was proved before the Tribunal by producing disability certificate Ex.P3 that he became permanently disabled to the extent of 75%. The certificate was proved by deposition of Dr. Vinod Kumar, PW3. It has come on record that his left leg was amputated. He was operated thrice and remained hospitalized for one month. The Tribunal after considering the facts and appreciating the evidence adduced held that the accident was caused due to rash and negligent driving of the offending vehicle. The respondents were held jointly and severally liable to pay compensation. The Tribunal awarded a sum of Rs.2,20,255.00 along with interest at the rate of 6% per annum.