HONEY KUMAR Vs. PREM DHIMAN

JUDGEMENT

(1.) This appeal has been preferred by the claimant for enhancement of compensation amount. Since, the question regarding the factum of accident as also injuries sustained by the claimant in the said accident has attained finality, therefore, this Court need not delve into detail and suffice it to state that the appellant/petitioner filed a claim petition under Section 166 of Whether the reporters of the local papers may be allowed to see the Judgment?Yes the Motor Vehicles Act (for short the "Act'), claiming therein compensation to the tune of Rs. 5,00,000/-.

(2.) It was alleged that the petitioner sustained injuries in the road accident which took place on 29.09.2003 at about 11:40 PM, while the petitioner was sitting as a pillion rider on the motorcycle bearing No. HP-40-6541, which was being driven by one Gorav son of Ram Parshad and when they reached near Polytechnic College, Kangra, a bike bearing No. HP-40-7769 came from the opposite side which was being driven by Aditya Dhiman (now deceased) son of respondent No. 1-Prem Dhiman in a rash and negligent manner and the same hit the motorcycle being driven by Gorav due to which they fell down and sustained multiple injuries on their person.

(3.) The appellant/petitioner has sustained injuries on his legs, hands, face, wrist head and on various parts of the body and became unconscious. Thereafter, petitioner/injured was shifted to SDH, Kangra and after providing first aid, he was shifted to DMC, Ludhiana where he remained indoor patient from 30.09.2003 to January 10, 2004 for about four and half months and had to spend Rs. 3,50,000/- for his treatment and Rs.1,00,000/- for other expenses i.e. travelling, attendant, diet etc. The petitioner/ appellant was a student and was also running a shop in Mandir Bazar and earning about Rs.10,000/- per month and due to the accident had suffered loss to the tune of Rs.5,00,000/- and also one year of study.