CHANDIGARH TRANSPORT UNDERTAKING Vs. MAJOR SINGH

JUDGEMENT

(1.) The above noted appeal has arisen out of the impugned award dated 14.03.2009, passed by the Learned Motor Accident Claims Tribunal, Sangrur, ('the Tribunal', for brevity) vide which, the claim petition filed by the claimant was allowed and the appellant being the respondents No. 2, along with the driver-respondent No. 1 has been jointly and severally held liable to pay the compensation. The learned counsel for the appellant submits that the amount of compensation awarded by the Learned Motor Accident Claims Tribunal, Sangrur, is unjust and highly inadequate. The learned Tribunal has ignored the material evidence produced on the record and has also failed to follow the settled law. He further states that the Ld. Tribunal over looked the fact that no alleged accident took place with the bus of the appellant as the place of the accident is not within the route of the offending vehicle. He also submits that the claimant-respondent has failed to discharge the onus with regard to the alleged accident before the Ld. Tribunal. He contends that the Tribunal has also committed an error while presuming the wages in favour of the claimants-respondents, as there is no proof of income of the claimant-respondent. The learned counsel also states that the multiplier applied by the Tribunal is also unjust and inappropriate. The learned counsel lastly argued that the Tribunal has also committed an error while taking the disability certificate into consideration. On the other side, the learned counsel appearing for the claimants-respondents has vehemently argued that the amount of compensation awarded by the learned Tribunal is just and appropriate and does not call for any interference.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) From the perusal of the record it is proved that on 19.07.2007 the offending vehicle (bus bearing Registration No. CH-01-G-8160) belongs to the Chandigarh Transport Undertaking is driven by the Nirmal Singh, respondent No. 1 in MACT Petition No. 103 at a high speed, rashly and negligently and without the use or dipper and head lights and even without horn hit the motor cycle of the respondents due to which both the driver and pillion rider had received grievous injuries i.e., on the right leg, right arm and was referred to the CMC & Hospital, Ludhiana for further treatment. The MLR of Major Singh proves that he had sustained right closed distal radius facture, severe crush injury of right lower limb. He cannot enjoy the life like a normal human being as he cannot walk properly, pedal a cycle or drive a vehicle and he has lost the charm of life of a normal person. The medical record also brief the facts that the injured Major Singh had sustained the injuries on his right leg. He used to work as a labourer and now his future in the matter of earning his livelihood has become dark as he is unable to do the work of labour. He has also produced the disability certificate showing 80% physical disability because of the amputation of right lower limb above knee. He only moves with the help of crutches and therefore he is rendered handicapped in doing the work of labour. The Ld. Tribunal considered the medical evidence consisting of the testimony of PW 1 Dr. Neel Rattan and PW 4 Dr. Abhishek Samuel of CMC & Hospital, Ludhiana, which left no reason to disbelieve that the accident had taken place because of the rash and negligent driving of driver of the Bus bearing No. CH-01-G-8160. The driver of the bus fled away from the spot along with the bus. Even the said driver failed to produce the requisite driving license to drive the offending vehicle. The learned Tribunal right directed the appellant to pay the compensation amount of Rs. 5,14,662.75 first to the claimant-respondent and then may recover 50% of the same from the driver of the offending vehicle, by way of installments from his salary as he is a employee of Chandigarh Transport Undertaking.