BEANT SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) The claimant has filed the present petition seeking enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Una in terms of award dated 1/7/2004 passed in M. A.C. Petition No. 10 of 2001, titled Beant Singh v. Balwant Singh.

(2.) Facts necessary for adjudication of the present petition are as under: On 30/1/2001 at about 6.15 p.m. the claimant along with one Vijay Kumar was standing along side the road at the village Panjuwana when a Tempo bearing No. HP 20-A 3457 owned by Balwant Singh and driven by Bal Kishan came in a rash and negligent manner, at a high speed and hit them. Resultantly, the claimant suffered multiple injuries and he was taken to the Primary Health Centre, Haroli from where he was referred to C.M.C., Ludhiana. He remained admitted in the hospital from 30.1.2001 up to 15.2.2001. He undertook medical treatment, both as an indoor and outdoor patient, but could not fully recover and suffered permanent disability to the extent of 50 per cent with regard to whole body. At the time of accident the claimant was a student of 12th standard and had a monthly income of Rs. 3,000 from agricultural work as well as dairy farming.

(3.) A petition under section 166 of the Motor Vehicles Act, 1988 was filed claiming compensation of Rs. 6,00,000.