DURGA DEV SHARMA Vs. GEETA DEVI AND ORS.

JUDGEMENT

(1.) Aggrieved by the dismissal of his claim petition, the appellant/petitioner (hereinafter referred to as 'petitioner) has filed the instant appeal.

(2.) The petitioner approached the learned Tribunal by filing a claim petition under Section 166 of the Motor Vehicles Act (for short 'the Act') claiming therein compensation to the tune of Rs.5,00,000/- on account of injuries sustained by him in a vehicular accident involving vehicle No. HP-35B-0139 (hereinafter referred to as 'vehicle'). It was averred that on 24.07.2006 the petitioner was going on foot to his home, then at about 8.55 p.m., he was hit by the vehicle, as a result whereof, he sustained injuries for which he was taken to MGMSC, Khaneri (hereinafter referred to as 'hospital') where he was attended upon by Dr. Ahmad and remained admitted with effect from 24.07.2006 to 03.08.2006. Thereafter, he was referred to IGMC, Shimla and remained admitted there with effect from 23.10.2006 to 09.11.2006. At that time, the petitioner was 29 years old and working as a Salesman in 'Amartex Limited, Rampur Bushahr' and getting a monthly salary of Rs.4526/- per month. Besides this, he was also getting Rs.2500/- as incentive and apart from this, he was also doing horticulture and agriculture work from which he was deriving income Rs.6,000/- per month.

(3.) It was claimed that the accident occurred due to rash and negligent driving of the driver of vehicle, Pushap Raj, who could not control the vehicle for the reason that it was in a high speed. While undergoing treatment, the petitioner spent Rs.80,000/- on medicines, attendant, taxi and other miscellaneous expenses.