KRISHAN KANT Vs. PARDEEP KUMAR SAINI

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants who are the owner and driver of the tractor involved in the accident.

(2.) THE claimant/respondent instituted a petition under Section 166 of the Motor Vehicles Act, 1988 ( hereinafter referred to as the Act) claiming compensation for the injuries suffered by him caused by a collision between his scooter bearing No. CH -01 -R -0620 which was being driven by him and tractor No. HR -22 -5225 driven rashly and negligently by appellant No.2 herein. The facts pleaded were that the petitioner dealing in glassware, hardware, sunmica and building material etc., under the name and style of Saini Glass House in Mehatpur Bazar, Una. He pleaded his monthly earning from his shop to be Rs.15,000/ - per month. On 11th October, 2003 at around 12.30 P.M. when he was on his way towards industrial area Mehatpur, the tractor involved in the accident suddenly appeared from the opposite side and collided with the scooter as a result he fell down and sustained multiple injuries for which he was treated at Zonal Hospital, Una and thereafter at Dayanand Medical College and Hospital, Ludhiana where he remained admitted as indoor patient from 11th October, 2003 to 7th November, 2003. The respondent pleaded that he was operated upon and a K -wire fixed in his fourth finger of the right hand and one finger was amputated. He spent Rs. 2 lacs on medical treatment, Rs.20,000/ - on special diet, Rs.10,000/ - on conveyance and Rs.30,000/ - on an attendant. The claimant/respondent pleaded the rash and negligent driving on the part of the appellant No.2 herein and claimed compensation to the extent of Rs.10 lacs which includes business loss etc.

(3.) ADVERTING to the first issue, the learned Tribunal holds that the accident was the result of the rash and negligent driving of the tractor. To arrive at this conclusion, the learned Tribunal relied upon the evidence of the respondent/claimant who appeared as PW7, Chhaju Ram Kaushal, PW3 and Gurbax Singh, Constable, Police Station, Una who proved FIR Ex.PW1/A. On the second issue, the learned Tribunal took into consideration the evidence of PW4 Dr. Komal Malik of Anandraj Malik Hospital, Mehatpur, PW5 Dr. N.S. Dogra member of the Medical Board, which assessed the disability of the claimant/respondent and PW6 Dr. Jaspreet Singh, Registrar, Department of Orthopeadics at the Dayanand Medical College and Hospital, Ludhiana. On the other issues, the learned Tribunal hold that they were not established on the evidence on record. In totality a sum of Rs.1,39,170/ - was awarded in favour of the claimant/respondent along with interest at the rate of 7.5% per annum from the date of the petition till realization.