YOGESH SHARMA Vs. JYOTI AND OTHERS

JUDGEMENT

(1.) The present appeal under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/petitioner (hereinafter referred to as the 'petitioner') for enhancement of the amount of compensation awarded by learned Motor Accidents Claims Tribunal-I, Solan, dated 30.8.2011 in Claim Petition No.67- S/2 of 2009.

(2.) Brief facts giving rise to the present appeal are that on 7.3.2009 at place Piplughat Tehsil Arki, District Solan, the petitioner met with an accident and suffered injuries in the car bearing No. HP-11-3555, being driven by respondent No.2 and owned by respondent No.1 and insured by respondent No.3. As per the petitioner, he was travelling in the said car, which was being driven by respondent No.2, in a rash and negligent manner. Thereafter, he suffered injuries and was taken to Arki hospital from where he was referred to IGMC, Shimla, for treatment. The petitioner suffered multiple injuries and remained admitted in the hospital and thereafter got treatment after discharge from hospital. As per the petitioner, he was 23 years of age and working as a tailor, at the time of accident and suffered permanent disability in the accident.

(3.) As far as the accident is concerned, the same is admitted by respondents No.1 and 2 in their reply. Rest of the averments regarding rash and negligent driving were denied. As per respondents No.1 and 2, the accident has taken place, as a result of rash and negligent driving of unknown truck. FIR has been registered in Police Station, Arki, District Solan, H.P.