- (1.) RAJEEV Gupta, C. J. This is claimant's appeal filed under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by Motor Accident Claims Tribu nal / Addl. District Judge, Roorkee, Dis trict Haridwar vide Award dated 20-03-2004 passed in M. A. C. T. No. 75 of 2002.
(2.) CLAIMANT Asgar Ali claimed com pensation of Rs. 14,40,000/- for the inju ries sustained by him in the motor acci dent on 11-03-2002 when, the Ambulance bearing registration No. HR 2h-4610, in which the claimant was taking his ailing relative Shabir for treatment from Roorkee to Meerut, met with an accident due to the rash and negligent driving of its driver and overturned resulting in serious injuries to the claimant. The claimant pleaded that he spent more than Rs. 1,00,000/- on his treatment and on account of the inju ries sustained by him in the accident re sulting in permanent disability to the ex tent of 55%, he has been rendered unfit to pursue his occupation as an Agricultur ist resulting in monetary loss to him. The owner and the insurer of the Ambulance contested the claim and de nied their liability to pay compensation to the claimant. The owner of the Ambu lance took the plea that the accident did not occur due to the rash and negligent driving of the driver of the Ambulance. The insurer of the Ambulance, on the other hand, took the plea that the Am bulance was being plied in breach of the policy conditions and the driver of the Ambulance was not holding a valid driv ing license. The claimant examined himself as PW1 in support of his claim, whereas the owner of the Ambulance examined DW1 Billu.
(3.) THE Tribunal, on the evidence led by the parties, held that claimant Asgar Ali sustained injuries in the accident on 11-03-2002; those injuries resulted in permanent disability to the extent of 55%; the accident occurred due to the rash and neg ligent driving of the driver of the Ambu lance; and the insurer of the Ambulance was liable to pay compensation to the claimant. Considering that the injuries sus tained by the claimant resulted in perma nent disability to the extent of 55%, the Tribunal awarded Rs. 74,100/- towards Permanent Disability and Rs. 1,70,626/-towards Medical Expenses. Thus, a total sum of Rs. 2,44,726/- was assessed as compensation payable to the claimant. (There is an apparent mistake in the cal culation of the compensation by the Tri bunal in the Award, as the total of the above sums awarded by the Tribunal un der the head of Loss of Earning Capacity/ Permanent Disability and Medical Ex penses comes to Rs. 2,44,726/- and not Rs. 2,49,626/- as mentioned by the Tribu nal in the Award ). The Tribunal, further, directed the insurer of the Ambulance to pay interest at the rate of 6% per annum from the date of the application on the amount of compensation.;