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2013 DIGILAW 1009 (HP)

PEPSU ROAD TRANSPORT CORPORATION v. CHANDER MOHAN

2013-12-06

MANSOOR AHMAD MIR

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JUDGMENT : MANSOOR AHMAD MIR, J. 1. This appeal is directed against the award dated 23rd March, 2006 passed by Motor Accident Claims Tribunal-I, Solan, HP (for short, MACT), whereby claim petition filed by the petitioner-claimant, titled as, Chander Mohan v. Pepsu Road Transport Corporation and another, was allowed and compensation to the tune of Rs. 3,36,744/- was awarded in favour of the claimant and against the respondents along with interest @ 7.5% from the date of the Award till its realisation (for short, impugned Award), on the grounds taken in the memo of appeal. 2. The facts, in brief, are that the claimant Shri Chander Mohan, being the victim of vehicular accident, filed a claim petition before the MACT, Solan for grant of compensation to the tune of Rs. 15 lacs, as per the break-up given in the claim petition. 3. The respondents contested the claim petition and following issues were framed: "1. Whether the injuries to the petitioner have been suffered on account of rash/negligent driving of the bus by respondent No.2? OPP. 2. If issue No.1 is proved in affirmative what amount of compensation the petitioner is entitled and from whom? OPP. 3. Whether the accident has taken place on account of rash/negligent driving of the scooter by the petitioner? OPR. 4. Relief." 4. The parties led evidence. After scanning the evidence, the Tribunal came to the conclusion that the driver of the offending vehicle had driven the vehicle rashly and negligently on 24.3.2005 at 4.15 p.m. near village Molon, PO Oachghat, Tehsil and Distt. Solan, Rajgarh road. The said offending vehicle hit Scooter No.HP-14-6615 on which the victim was a pillion rider, as a result of which, the claimant suffered multiple injuries, including fracture of leg and hip etc. 5. The claimant examined the witnesses and also placed on record a copy of the FIR and other documents. The appellant-owner and driver-respondent No.2 herein have not been able to shatter the evidence of the claimant. 6. I have gone through the record and scanned the evidence. I am of the considered view that the claimant has successfully succeeded in proving his case and the Tribunal has rightly recorded the finding on Issue No.1 and the same is upheld. Having said so, issue No.3 being dependent on issue No.1, has rightly been decided by the Tribunal against the appellant and the driver. 7. I am of the considered view that the claimant has successfully succeeded in proving his case and the Tribunal has rightly recorded the finding on Issue No.1 and the same is upheld. Having said so, issue No.3 being dependent on issue No.1, has rightly been decided by the Tribunal against the appellant and the driver. 7. As regards Issue No.2, the claimant sustained multiple injuries and has spent Rs. 1.50 lacs on his treatment as he was bed ridden. The Tribunal after taking all the facts in view, the mention of which is made in paragraphs 15 to 21 of the impugned award, has rightly awarded compensation to the tune of Rs. 3,36,744/- under different heads, i.e., loss of amenities of life, pain and suffering, loss of earning during treatment, medical expenses, loss of future income and other expenses incurred during treatment. 8. While going through the file and keeping in view the age of the claimant as 25 years at the time of accident, it can be safely said that the compensation awarded is meager, but as the claimant has not questioned the same, reluctantly the same is upheld. 9. Viewed thus, the appeal is dismissed along with all applications.