DARSHAN PAL SINGH Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL/ADDL DISTT JUDGE, F T C - 7, DEHRADUN
HIGH COURT OF UTTARAKHAND
Darshan Pal Singh
Motor Accident Claims Tribunal/Addl Distt Judge, F T C - 7, Dehradun
Referred Judgements :-
STATE OF HARYANA VS. JASBIR KAUR AND OTHERS
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(1.)THIS Appeal, under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the Claimant 1 Appellant for enhancement of amount
of compensation against the judgment and award dated 24 -11 -2003 passed by
MACT 1 Additional District Judge VII FTC, Dehradun in MACP No. 72 of 2002
whereby the claim petition was allowed against the respondent no. 4 i.e.
National Insurance Company and claimant 1 appellant was awarded Rs.
1,75,000/ - as compensation, which was liable to be paid by the National Insurance Company 1 respondent no. 4 within a period of sixty days,
failing which the Insurance Company shall also be liable to pay interest
@ 8% per annum.
(2.)BRIEF facts, giving rise to this appeal, are that on 15 -10 -2001, at about 7 p.m. claimant / appellant along with his wife was coming from Bazar towards his home, 25/8, E.C. Road, Dehradun. When they
reached at Rawal Nursing Home, E.C. Road, Dehradun, Maruti Car Number DL
4 CC 7136, which was being driven by respondent no. 2 rashly and negligently, came from Survey Chowk and dashed the Scooter on its wrong
side. Claimant / appellant and his wife got serious injuries in the
(3.)HIS son Sukhbir Singh, who was also coming behind them on motorcycle with his cousin - Joginder Pal Singh, saw this accident and
got admitted his parents in CMI Hospital. He handed over the driver of
the offending Maruti Car in Police custody and lodged FIR.
In the hospital, claimant / appellant was medically treated by Dr. Harsh Johri (Orthopaedic). The claimant / appellant took treatment in
the CMI Hospital for 26 days and thereafter, he was shifted to Holy
Family Hospital, Delhi for better treatment where he was admitted with
effect from 14 -02 -2002 to 20 -02 -2002. Claimant appellant has spent Rs.
2,00,000/ - on medical treatment.
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