MASTER CHETAN Vs. H.R.T.C.

JUDGEMENT

(1.) The appellant Chetan, a minor, was aged about 11 years at the time of the accident. He was a student of Class - VII. On 16.4.1996, when he was traveling with his parents on a scooter, the same met with an accident with Bus No. HP -22 -0581 owned by the Himachal Road Transport Corporation and driven by Shri Ramesh Kumar, respondent No. 3.

(2.) As a result of the accident, the claimant suffered serious injuries, in which his pelvis was fractured and he also suffered fracture of the inferior pubic ramii. He was initially taken to the hospital at Namhol on 16.4.1996, from where he was referred to the District Hospital at Bilaspur. The Doctors at District Hospital, Bilaspur referred him to the Indira Gandhi Medical College and Hospital, Shimla, where he remained admitted from 17.4.1996 to 6.6.1996. During this period he underwent surgery in that hospital. Three of his teeth were also broken in the accident.

(3.) The claimant being a minor filed the present claim petition before the Motor Accident Claims Tribunal (1), Kangra at Dharamshala through his mother Smt. Anita Kumari Sharma. The Tribunal after holding that the accident had been caused due to the rash and negligent driving of the Driver of the Bus, held the respondents jointly and severally liable to pay the compensation. On the basis of evidence, the compensation has been assessed at Rs. 89,000.