- (1.) This appeal has been filed by Laxmi Narayan Bindal, the registered owner of the offending vehicle/truck bearing No.HR- 38Q-1651 against the award dated 2.5.2014 passed by Motor Accident Claims Tribunal, Palwal, whereby the claim petition filed by Shyam Lal and others under Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") was allowed and claimants were held entitled for compensation of Rs.60,150/- along with interest @ 9% per annum from the date of institution of the claim petition till final realization thereof.
(2.) The brief facts of the case are that the claimant Sham Lal, who was 59 years of age, filed the present claim petition under Section 166 of the Act claiming compensation on account of injuries sustained by him in a motor vehicular accident which took place on 22.01.2011. It has been pleaded that on the fateful day, when the claimant along with his staff members was working on Gate No.561 near Rundhi Railway Station and putting oil on it, the offending truck bearing registration no.HR-38Q-1651 driven by respondent no.8 Hakam in a rash and negligent manner, came from the side of Village Bamnikhera and after crossing the railway line in a high speed crushed his legs. His companions chased the offending vehicle, but the driver fled away from the spot. The injured was taken to Dhariwal Nursing Home, Palwal for treatment. An FIR No.19 dated 22.1.2011 under Sections 279, 336, 337 and 338 IPC was registered against the driver in Police Station GRP, Faridabad regarding the accident.
(3.) It has further been stated that the claimant was helper in Railway Department and was earning Rs.22,000/- per month. In the accident, the claimant sustained multiple injuries. He spent about Rs.1 lac on treatment and more expenses were needed for future treatment. He has claimed for mental pain and agony suffered by him. Hence, he was entitled for the compensation, as claimed.;