VIJAY KUMAR SINGHAL Vs. U P STATE ROAD TRANS CORPORATION
LAWS(ALL)-1996-1-39
HIGH COURT OF ALLAHABAD
Decided on January 17,1996

VIJAY KUMAR SINGHAL Appellant
VERSUS
U P State Road Trans Corporation Respondents

JUDGEMENT

R.B.MEHROTRA, J. - (1.) THE present first appeal from order is directed against an award given by the IInd Additional District Judge, Meerut (exercising powers of the Motor Accidents Claims Tribunal) dated 30.5.1981, awarding Rs. 26,000/ - to the claimant for the injuries sustained by him in a motor accident, whereas the claimant has claimed an amount of Rs. 3,00,000/ -for the injuries sustained by him on the person, mental agony, etc. and for loss of earnings. This appeal is filed by the claimant praying for enhancing the amount of compensation awarded.
(2.) THE only point which arises for consideration in the present appeal is that in the facts and circumstances of the case, what is the appropriate amount which the claimant is entitled to be awarded. The Tribunal recorded the following finding regarding nature of injuries sustained by the claimant: The occupant, namely, Vijay Kumar Singhal who was on the back seat of the car and also sustained severe injuries, testified about the nature of the injuries sustained by him including the fracture of the femur bone. The head injury etc. have been testified to by the witness himself and stand proved by a number of documents, viz., X -ray reports, medical data, etc., furnished on record.
(3.) THE Tribunal has also recorded the finding that the accident took place as a result of rash and negligent driving of the driver of the bus belonging to U.P. State Road Trans. Corporation The said findings have not been challenged by the respondent.;


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