VINOD K.SHARMA, J. - (1.) THE present appeal arises out of award dated 21.12.1998 passed in MACT Case No. 175 of 1996 by the learned Motor Accident Claims Tribunal, Karnal (for short the 'Tribunal').
(2.) CLAIMANT Binu Sidhu, respondent No. 1 herein had filed claim petition under Section 166 read with Section 163-A of the Motor Vehicles Act, 1988 (for short the 'Act') for grant of compensation to the tune of Rs. 2,55,00,000/- (two crores fifty five lacs) on account of injuries caused to him which resulted in physical disability and permanent handicapness which rendered him unfit for job. It was claimed that on account of accident, he had lost the earning capacity for ever. It was further claimed that on account the said accident, his marriage prospects have completely marred. It was alleged in the claim petition that on July 21, 1996 while the claimant was on his way from Chandigarh to Delhi in Car No. DL-1N-0624. At about 6.30 a.m. when he reached near P.T.C. Gate, HAP Complex, Madhuban, on G.T. Road, a Canter bearing registration No. HR-37-2247 came from the opposite side which was being driven by Soran Dass, respondent No. 2 herein in a rash and negligent manner, struck against the car of the claimant by coming on the wrong side of the road. In spite of best efforts by the claimant-respondent to avoid the accident, the Canter struck against the car resulting in causing multiple injuries to the claimant. FIR No. 465 was registered at Police Station Sadar, Karnal against the driver of the Canter namely Soran Dass.
(3.) THE claim petition was contested by the respondents i.e. driver and owners of the Canter i.e. Smt. Kusum Lata Bansal and Sanjay Bansal, who denied the contents of the claim petition. It was claimed that the accident had occurred due to negligence of the claimant himself. However, they admitted that the Canter was insured with respondent No. 3 i.e. New India Assurance Company.;