JEEWAN RAM Vs. SURENDER KUMAR AND OTHERS

JUDGEMENT

(1.) The present appeal is directed against the award dated 26.4.2010, passed by Motor Accident Claims Tribunal, Nahan, District Sirmour, H.P. in MAC Case No. 128-N/2 of 2008 for modifying the award and increasing the amount of compensation in favour of the petitionerappellant.

(2.) Briefly stating the facts giving rise to the present appeal are that the petitioner-appellant (hereinafter referred to as 'the petitioner') was having two donkeys and he was doing small work/contract of transportation of the building material etc. in Nahan town. On 17th September, 2008 at about 1.15 P.M., when he was doing his usual work at Nahan near Carmel Convent School, a truck bearing No. HP-18B-4905, owned by respondent No.1 and being driving by respondent No.2, hit the petitioner and his donkey, resultantly, his donkey died on the spot and petitioner received multiple injuries, including fracture of left leg. As per the petitioner, accident occurred due to rash and negligent driving of respondent No.2 while driving truck of respondent No.1. As per petitioner, he remain admitted in the hospital for seven days and during this period, he was operated upon.

(3.) The police registered FIR in this case under Sections 279 and 337 of Indian Penal Code against respondent No.2. The petitioner alleged that his monthly income was Rs.10,000/- and he remained without work for thirteen months. The petitioner also claimed an amount of Rs.50,000/- on account of transportation and compensation for pain and sufferings and expenses of treatment.