MOHAN SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) WE have heard Mr. B.D. Sundan, learned advocate for the appellant, as well as Mr. R.K. Gupta, learned advocate for respondent -3, in extenso. This Letters Patent Appeal is directed against the judgment dated: 14 -02 -2001 passed by learned Single Judge in CIMA No. 135/1993. By the aforesaid judgment, the learned Single Judge partially allowed the appeal and, as a consequence, enhanced the compensation from Rs. 75.000/ - awarded by the Tribunal to Rs. 1.50 lacs with 12% interest on the awarded amount.

(2.) ON 14 -08 -1991, Mohan Singh. injured Appellant, was travelling in Bus No. JKQ -670. and when reached Garigarh, collided with Truck No. 9575 and caused an accident,"as a result of which, the claimant/appellant sustained 70% of permanent disability of his right arm and total disability of 45%. The accident, according to the claimant/appellant, took place due to rash and negligent driving of the truck driver. The offending truck stood insured with the New India Assurance Co. Ltd. at the time of the accident. A claim petition, however, came to be preferred under Section 166 of the Motor Vehicles Act by the claimant/appellant for compensation in respect of the injuries sustained by him against the respondents.

(3.) THE Insurance Company, however, by putting appearance admitted insurance of the vehicle with their Company on the date of the accident and their liability is subject to the terms and conditions of the Insurance Policy. The Trial Court after going through the record and recording evidence awarded Rs. 75,000/ - as compensation payable with 12% interest from the date of filing of the claim petition to be satisfied by the New India Assurance Company Ltd. The learned Single Judge, however in CIMA modified the judgment to the extent of enhanced of the award from Rs. 75,000/ - to 1.50 lacs. The claimant/appellant being still not satisfied with the amount of compensation awarded assailed its correctness before us in this Letters Patent Appeal. The claimant/appellant has sustained fracture/dislocation of the right elbow and for which surgery was performed. Dr. Vijay Sabharwal issued certificate with regard to permanent disability of the right elbow of the claimant on account of its stiffness and assessed that the right arm disabled permanently at about 70%, while total disability given as 45%. The claimant/appellant was 13 years of age at the time of the accident. He came to be admitted in the hospital on 14 -08 -1991 and after the operation stood discharged on 28 -08 -1991.