RAMESH NEGI Vs. SH. PAWAN KUMAR

JUDGEMENT

(1.) The injured-claimant feeling aggrieved by the impugned award dated 25.3.2010 passed in MAC Petition No.46-S/2 of 2008, has filed the instant appeal seeking enhancement of compensation decided by the learned Tribunal, whereby his petition was allowed and a compensation of Rs.2,22,500/- was awarded for the injuries sustained by him in the motor vehicular accident which was ordered to be paid jointly and severally by the respondents herein with interest @9% per annum. The said amount was inclusive of interim compensation if any paid, under Section 140 of the Motor Vehicles Act, in short the Act .

(2.) The appellant herein is an Advocate. He was aged about 45 years at the time of accident. On 17th January, 2008, he was driving Maruti Van bearing registration No.HP-13-1919 and while going to his native village alongwith his father and others persons, around 4 P.M. near Gumma, a Balero Camper bearing registration No.HP-10B-0226 owned by respondent Pawan Kumar being driven in a high speed by respondent No.2 Chauhan Singh rashly and negligently hit the aforesaid Maruti Van causing multiple injuries to the appellant and his father. The appellant was immediately rushed to I.G.M.C. Shimla for his treatment. FIR No.10/08 was lodged to cover-up story creating a defence by respondent No.2, whereas, respondent No.2 was solely responsible for the accident in question, thus, because of said accident, he sustained 40% permanent disability of his left leg, which affected his legal profession and supervisory control on his orchard and landed property.

(3.) The claim was resisted and contested by the respondents. Respondent No.2 imputed allegations of rash and negligent driving by the appellant of his Maruti Van. The learned Tribunal after framing the issues held an inquiry and came to the conclusion that it was a case of a contributory negligence as per allegations in the FIR, to the extent of 50% of both the parties, thus assessed the compensation under different heads as follows:- Sl.No. Heads Amount