RAJU Vs. JASBIR SINGH

JUDGEMENT

(1.) The present appeal arise out of the impugned award dated 28-7-2004 passed by the Motor Accidents Claims Tribunal, Shimla, H.P. in M.A.C. Case No. 80-S/2 of 1999 titled as Raju v. Jasbir Singh, awarding compensation of Rs. 2,20,000 to the claimant who sustained injuries and permanent disability to the extent of 45 per cent on both the lower limbs.

(2.) The claimants has filed the present appeal seeking enhancement of compensation awarded by the Tribunal.

(3.) Claim petition under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellant Raju (hereinafter referred to as 'the claimant'), averring that he was travelling in truck bearing registration No. HP 07-2202 being driven by Shyam Lal, respondent No. 2 (hereinafter referred to as 'the diver') and owned by Jasbir Singh, respondent No.1 (hereinafter referred to as 'the owner'). On 11-3-1999 due to the driver's rash and negligent driving the vehicle met with an accident in which the claimant sustained injuries. The claimant who was working as a conductor was earning Rs. 2,100 per month.