- (1.) RAJEEV Gupta, C. J. Mr. Dharamveer, Senior Advocate for the appellant. None for the first respondent. Mr. D. S. Patni, Advocate for the second respondent.
(2.) THIS is claimant's appeal for en hancement of the compensation awarded by the Motor Accident Claims Tribunal/additional District Judge- First Fast Track Court, Udham Singh Nagar vide Award dated 22-07-2003 passed in Motor Accident Claim Petition No. 93 of 2001. Claimant Balbir Singh claimed compensation of Rs. 18,00,000/- for the injuries suffered by him in the mo tor accident when on 30-05-1999 first respondent Munna Singh brought his truck bearing No. UTJ 2412 driving rashly and negligently and dashed the claimant resulting in serious injuries to him. The claimant pleaded that he was an agriculturist having 12 acres of land. It was further pleaded that the peti tioner was earning Rs. 15000/- per acre and on account of the injuries suffered by him in the accident, he has been deprived of substantial part of that in come as he was forced to lease out his agricultural land @ Rs. 5000/- per acre. Respondent No. 1 Munna Singh, driver of the offending vehicle and Re spondent No. 2 National Insurance Company Ltd. , insurer of the offending vehicle contested the claim. The Insur ance Company disowned its liability to pay compensation to the claimant on the ground that the driver of the vehi cle was not holding a valid and effective driving licence at the time of the accident and that the truck was being plied in breach of the policy conditions.
(3.) THE Tribunal on the evidence led by the parties held that claimant Balbir Singh sustained grievous injuries in the accident and that the accident occurred due to rash and negligent driving of the driver of the offending vehicle- truck. THE Tribunal further found that on ac count of the injuries sustained by claim ant Balbir Singh in the accident, he had to suffer amputation of his right leg above knee. THE Tribunal held that the insurer of the offending vehicle was li able to pay compensation to the claim ant. On the evidence led by the claim ant about his income and the amount spent on treatment, the Tribunal awarded a sum of Rs. 1,06,080/- to wards medical expenses and a further sum of Rs. 57,600/- towards permanent disability suffered by the claimant. Thus, a total sum of Rs. 1,63,680/- was awarded as compensation to the claim ant for the injuries suffered by him in the accident with interest @ 6% per annum from 04-04-2002. Mr. Dharamveer, learned coun sel for the appellant submits that the Tribunal erred in awarding low compen sation of Rs. 1,63,680/- only though the appellant suffered amputation of his right leg on account of the injuries suf fered by him in the accident.;