VIJAY KUMAR Vs. SANJEEV KUMAR AND OTHERS

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/petitioner/claimant (hereinafter referred to as 'claimant') for enhancement of the compensation awarded by learned Motor Accidents Claims Tribunal-II, Fast Tract Court, Hamirpur, dated 24.4.2010, in MAC Petition No.26 of 2007.

(2.) The brief facts giving rise to the present appeal are that on 4.7.2007, claimant was travelling in bus bearing No.HP-33-1175 owned by respondents No.3 and driven by respondent No.4, which was on its way to Sarkaghat from Mandi. When it reached at village Khaylag at about 12:30 pm, truck bearing No.HP-28-2237 came from the opposite side being driven by respondent No.2, owned by respondent No.1 in a rash and negligent manner and in high speed, due to which he could not control it while taking pass from the bus in a fast speed, as a result of which the truck struck against the bus, thereby caused injuries on the right arm of the claimant. The accident had taken place due to rash and negligent driving of the driver of the bus bearing No. HP-33-1175 and driver of truck bearing No. HP-28-2237, respondent No.1. The claimant had suffered the permanent disability. The monthly income of the claimant stated to be Rs. 15,000/-. FIR was lodged in Police Station, Sarkaghat, District Mandi. Hence, claim petition preferred for a sum of Rs. 10,00,000/- with interest @ 12 % per annum from the date of the accident till the realization of whole amount. Further case of the claimant is that after filing reply by all the respondents to claim petition, issues were framed and evidence was led by the parties and thereafter claim petition was allowed partly to the tune of Rs. 76,797/- alongwith 6% interest from the date of petition.

(3.) The only question which is now involved in the appeal is whether the learned Tribunal below has awarded compensation amount on account of injury/disability on the lower side and the same requires to be enhanced.