AMEEN @ AAMEEN Vs. HUMENDRA KUMAR & ORS

JUDGEMENT

(1.) The instant Civil Misc. Appeal is directed against the order of the Addl. District & Sessions Judge (Fast Track) No.4, Ajmer dated 7/7/2005.

(2.) The brief facts emerging on the face of record are that on 27.11.1999 the appellant met with an accident caused by vehicle-Tempo bearing No.RJ01-P-3359, which was being driven by respondent No.1 Humendra Kumar @ Nagarmal Sain. It is an admitted fact that on the spot the right leg of the appellant was amputated.

(3.) It is an admitted fact that the appellant was aged about 16 years at the time of accident and was a student of class X. The Tribunal has observed that it is an admitted fact that on account of the said accident, the right leg of the appellant was amputated and as per the disability certificate (Ex.10), it is 60% and further on account of the said fact of amputation, the appellant would not be able to lead a normal life and would suffer serious physical and mental agony for all times to come so also economic as well as other issues, which a normal human being has.