ARUN KUMAR Vs. PARDEEP KUMAR

JUDGEMENT

(1.) THIS appeal is instituted against the award dated 30.10.2013 rendered by the Motor Accident Claims Tribunal -II, Hamirpur in MAC Petition No. 22 of 2010, RBT No. 21 of 2013.

(2.) PERTINENT facts necessary for the adjudication of this appeal are that respondent No. 1 has filed a claim petition under section 166 of the Motor Vehicles Act, 1988 seeking compensation of ' five lakhs alongwith pending and future interest @ 12% per annum from the date of filing of the petition on account of injuries sustained by him in a road accident which took place on 3.1.2010 at about 5.15 P.M. at Taran -Da -Choa on Rangas Putrial road involving bus No. HP -55B -7502 driven by respondent No. 3. According to the claim petition, respondent No. 1 was hit by bus No. HP -55B -7502 coming from opposite side driven by respondent No. 3 rashly and negligently. He received multiple injuries. He was taken to Sri Krishna Hospital, Hamirpur. He was later on referred to Dr. R.P.M.C. Hospital. He remained admitted in the hospital with effect from 6.1.2010 to 1.2.2010. He was operated upon for fracture of right elbow. He spent a sum of ' one lakh towards his treatment. He has suffered 30% permanent disability. FIR was also registered in the case.

(3.) MR . Ramakant Sharma has vehemently argued that the award is highly excessive. According to him, respondent No. 3 was possessing valid driving licence.