H.R.T.C. Vs. KULTARAN SINGH

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS appeal has been filed by the HRTC, challenging the award of the Motor Accident Claims Tribunal, whereby a sum of Rs.70,000/-, together with interest, has been awarded by way of compensation to respondent Kultaran Singh, who filed a petition, under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries, which he allegedly sustained in an accident involving a Gipsy, belonging to the appellant-HRTC. It was alleged by the respondent that he was travelling by a van, when the Gipsy of the appellant appeared from the opposite direction, being driven in a rash or negligent manner, rammed into the van and the accident, according to him, resulted in multiples fractures of right leg and left arm, leading to 88% permanent disability of the right leg and 12% permanent disability of the left arm and the permanent disability in relation to the entire body to the extent of 35%.

(3.) THE Motor Accident Claims Tribunal, after recording the evidence of both the sides, returned the finding that the cause of the accident was rash or negligent driving of the Gipsy by its driver and that the respondent was entitled to a compensation of Rs.70,000/-. Accordingly, an award for the aforesaid amount was passed in favour of the respondent and it was ordered that the compensation money be paid with interest @ 12% per annum from the date of the petition, i.e. 23.11.1993, to the date of the deposit of the compensation money with the Tribunal.