PARIVAHAN MARG JAIPUR Vs. DHAN SINGH

JUDGEMENT

(1.) THE present Misc. Appeal has been preferred challenging the award dated 19. 7. 2000 passed by Motor Accident Claims Tribunal, Gangapur City in MACT case No. 36/98 whereby the claimant injured has been awarded the compensation of Rs. 2, 07, 000/- on account of the injuries sustained by the claimant in the accident occurred on 22. 1. 98 when the bus of the Corporation No. RJ. 14/p-2731 hit the claimant when the injured was taking tea at th tea - stall. He was admitted in hospital and his right leg was amputated under the knee. THE bus was being driven negligently and rashly by the Driver. THE FIR No. 31/98 was registered against the driver. THE claimant suffered permanent disability to the extent of 70%.

(2.) AFTER framing the required issues in regard to accident, negligence and quantum of compensation, the Tribunal considered the statements of witnesses and the documents including FIR, site plan, injury report, charge sheet, certificate of permanent disability, and other documents. It was held by the Tribunal that the bus was being driven by the driver of the bus of RSRTC with very high speed, negligently and rashly and caused the accident.

(3.) IN case of Dr. Gop Ramchandani vs. Onkar Singh (2), on account of 50% permanent disablement Rs. 3,00,000/- were awarded as nonpecuniary special damages, wherein the injured suffered amputation of one leg.