SANJAY VERMA Vs. HARYANA ROADWAYS
LAWS(ALL)-2006-3-106
HIGH COURT OF ALLAHABAD
Decided on March 27,2006

SANJAY VERMA Appellant
VERSUS
HARYANA ROADWAYS Respondents

JUDGEMENT

RAJEEV Gupta, C.J. - (1.) Mr. G. B. Pande, Advocate for the appellant. Mr. Subhash Upadhyaya, Standing Counsel for the respondent. They are heard.
(2.) THIS is claimant's appeal for en hancement of the compensation awarded by Motor Accident Claims Tribunal/addl. District Judge, Udham Singh Nagar vide Award dated 12 -06 -2000 passed in Motor Accident Claim Petition No. 201 of 1999. Claimant Sanjay Kumar Verma claimed compensation of Rs. 53, 00, 000/ - (Rupees Fifty Three Lakhs only) for the injuries suffered by him in the motor accident on 12 -08 -1998 when the Bus bearing registration No. HR 07 PA 0197, in which he was trav elling, met with an accident due to rash and negligent driving of its driver and fell in a ditch resulting in multiple inju ries to several Bus passengers including the claimant. The claimant further pleaded that he used to earn Rs. 5, 000/ - per month from his shop and, on ac count of the injuries suffered by him in the accident, the lower part of his body has become paralysed rendering him unfit to pursue his occupation. Respondent Haryana Roadways, while admitting the fact of the accident, pleaded that the accident did not occur due to the rash and negligent driving of the Bus driver and as such, it was not liable to pay compensation to the claimant.
(3.) BEFORE the Tribunal, the claim ant examined PW1 Dr. Sailendra Kumar Mishra and PW2 Sanjay Kumar Verma in support of his claim, whereas the respondent examined DW1 Rajendra Singh and DW2 Daleep Kumar in rebuttal. The Tribunal, on a close scrutiny of the evidence led by the parties, held that claimant Sanjay Kumar Verma suf fered injuries in the accident; the acci dent occurred due to rash and negligent driving of the Bus driver; the injuries suffered by the claimant resulted in per manent disability to the extent of 100 per cent. Considering the extent of per manent disability and the amount proved to have been spent by the claimant on his treatment, the Tribunal awarded a sum of Rs. 1, 38, 552/ - to wards Medical Expenses; Rs. 1, 38, 400/ - towards Loss of Income; and Rs. 23, 0487 - towards Future Expenses. Thus, a total sum of Rs. 3, 00, 000/ - (Rs. Three Lakhs only) was awarded as compensation to the claimant for the injuries suffered by him in the accident and the amount spent on treatment.;


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