UNION OF INDIA Vs. MOTI LAL

JUDGEMENT

(1.) THIS Letters Patent appeal is directed against the judgment passed by the learned Single Judge of this Court in CIMA No.259/98, whereby the appeal of the appellants under Section 173 of the Motor Vehicles Act has been dismissed. Thus the award passed by the Motor Accident Claims Tribunal, Jammu in File No. 125/ claims on 23 -04 -1997 to the tune of Rs. 1,65,000/ - has been upheld.

(2.) SHRI Chandel, learned Addl, Central Govt. Standing Counsel appearing on behalf of the appellants urged that compensation awarded is excessive as also it has been awarded higher than what was claimed. In this behalf he made special reference to the award of Rs. 12,000/ - on account of the expenses for attendant against Rs. 8,000/ - as claimed in the claim petition. He also pointed out that keeping in view the extent of disability and nature of injuries sustained by the respondent, learned Single Judge has fallen into error as such appeal deserves to be allowed and the compensation reduced.

(3.) WITH a view to properly appreciate the submissions of Shri Chandel few facts emerging out of the record of the trial court file need to be noted. Respondent at the time of the accident was of 23 years age and was a bachelor. At the time of the accident he was going on his scooter from Akhnoor side to Jammu. Truck being driven by the appellant No. 3 and belonging to respondents 1 and 2 was turning towards its right side when the accident took place.