ASHOK KUMAR SANKHALA Vs. POORAN SINGH

JUDGEMENT

(1.) THIS civil misc. appeal under Section 173 of Motor Vehicles Act, 1988 (hereinafter 'the Act of 1988') has been filed against the award dated 06.12.2000, passed by the learned Judge, MACT, Jaipur District Jaipur (hereinafter 'the learned Tribunal') granting to the appellant-claimant (hereinafter 'the claimant') a sum of Rs.6,58,000/- as compensation in the aggregate along with interest @ 12% per annum thereon from the date of the application under Section 166 of the Act of 1988 till the date of payment in respect of grievous injuries suffered by the claimant in a motor accident of 23.07.1997 between a jeep, bearing registration No.RJ-14-9082, in which the claimant was travelling and the offending truck, bearing registration No.HR-47-4246, driven by Subhash Chandra, owned by Pooran Singh and insured with the Oriental Insurance Co. Ltd. (hereinafter 'the Insurance Company'). The claimant is dissatisfied with the quantum of the award and hence this appeal.

(2.) THE facts of the case are that while travelling in a jeep, bearing registration No.RJ-14-9082, on the way from Mahala to Jaipur, truck bearing registration No.HR-47-4246, driven rashly and negligently, crushed head long into a jeep in which the claimant was travelling resulting in grievous injuries to him. The claimant's spine and neck suffered fractures. The claimant was confined to the hospital between the trauma ward and the rehabilitation and research centre for over three months and finally finding that nothing better could be done with regard to the paraplegia suffered by the claimant, he was advised to go home.

(3.) AFTER taking into consideration the oral and documentary evidence on record, the learned Tribunal decided issue Nos.1 and 2 in favour of the claimant. On the evidence on record on issue No.3, the learned Tribunal found that the claimant (now the appellant before this Court) was entitled to be compensated in a sum of Rs.6,58,000/- in aggregate both on count of pecuniary and non-pecuniary damages along with interest @ 12% per annum from the date of filing of the claim petition till the date of payment. It found that the owner and the driver of the offending truck and the Insurance Company thereof were jointly and severely liable to pay the compensation found payable to the claimant.