SURJIT SINGH Vs. WARYAM SINGH

JUDGEMENT

(1.) APPELLANT has come up in appeal against the award made on 10th December, 1990, by the Motor Accidents Claims Tribunal, Una, for further enhancement of the amount of compensation.

(2.) ON 4th September, 1988, at about 4.00 p.m., when appellant along with his aunt, Darshan Kaur, was standing on the kacha portion of the road near village Badhauri in District Una, he was hit by a scooter No. DDK 7399 driven by respondent No. 1, which was on its way from Kante Palkwah towards Haroli. As a result of this, the claimant appellant fell on the road and received serious injuries on his head and mouth. He was immediately taken to Civil Dispensary, Haroli, from where he was referred to District Hospital, Una and within an hour, he was referred to Post Graduate Institute, Chandigarh. The condition of the appellant when he was brought to P.G.I. was very serious. Immediate operation was advised by Dr. Rajesh Pasricha, Senior Resident Neurosurgeon, in consultation with Dr. S.N. Mathuria, Associate Professor of Neurosurgery, P.G.I., Chandigarh. On the next day, the appellant was operated upon by Dr. Kashmir Singh, PW 6, with the assistance of Dr. S. Reddy, for head injury. During operation, it was found that the appellant was having cerebral oedema. On 24th September, 1988, the appellant was discharged from P.G.I. He continued under treatment as an outdoor patient of the P.G.I. There was no improvement in the disability suffered by the appellant, which was estimated to the extent of 100 per cent. On 18th November, 1988, claim petition was preferred before the Motor Accidents Claims Tribunal, Una, seeking compensation of Rs. 3,00,000/ along with interest from the date of application till payment for the injuries received by the appellant.

(3.) THE Claims Tribunal, on the basis of the evidence, held the accident to have taken place due to rash and negligent driving on the part of respondent No. 1. It was also held that as a result of the accident, the appellant received serious injuries. Respondent No. 1 was found to be having a valid driving licence at the time of accident and it was also held that the vehicle was not being driven in violation of the terms of the insurance policy. While allowing the claim petition, an award in the sum of Rs. 38,500/ along with interest at the rate of 10 per cent per annum from the date of institution of the petition, till realisation was passed in favour of the appellant against respondent Nos. 1 and 2. It is this award which is under challenge at the behest of the appellant. The appellant has prayed for further enhancement of the amount of compensation. No appeal or cross appeal has been preferred by the respondents. We have heard the learned counsel for the parties and have also gone through the entire record.