KAPIL KUMAR Vs. CHHOTU RAM AND OTHERS

JUDGEMENT

(1.) The claimant is the appellant, who aggrieved by the inadequacy of compensation awarded to him by the learned Motor Accident Claims Tribunal, has filed the instant appeal for enhancement.

(2.) The appellant filed a petition for claiming compensation under Section 166 of the Motor Vehicle Act on account of having sustained injuries in an accident, which took place on 21.11.2008. It is averred that while the appellant was proceeding on his motorcycle at a very slow speed on the left side of the road, then at a place known as 'Kali Matti', Parwanoo, one Tipper bearing registration No. HP-15-7005 came from wrong side and struck against the motorcycle of the appellant. The accident was caused due to the rash and negligent driving of respondent No.1. The appellant sustained multiple grievous injuries besides other grievous/serious injuries in whole body, which resulted in permanent disability of 68% with low I.Q. with right occulomotor and abducent cranial nerve paresis with diplopia.

(3.) Since the driver, owner and insurance company have not filed any appeal, therefore, it is not necessary to refer to in detail the defence raised by them, suffice it to say that respondents No. 1 and 2 in their reply had denied that the accident is an outcome of Tipper being driven by respondent No.1 in a rash and negligent manner. Whereas, respondent No. 3 Insurance Company raised usual stereo type defence regarding maintainability, driver of offending vehicle not having valid and effective driving licence nor valid registration certificate, route permit and fitness certificate at the time of the accident. It was further pleaded that the insured had breached the terms and conditions of the insurance policy and that there was a collusion between the petitioner and respondents No. 1 and 2.