- (1.) This is an appeal by the claimant before the learned Motor Accident Claims Tribunal, Ambala, seeking enhancement of the compensation of Rs. 90,000/- awarded to him by the Tribunal vide the impugned Award, for the injuries sustained by him in a motor vehicle accident on 1.1.1993. The appellant-claimant had sought a compensation of Rs. 10 lacs.
(2.) The facts of the case, as taken from the impugned Award of the learned Tribunal, are that the appellant was going to the bank on his bicycle, towards Kalka, when a tanker vehicle, bearing registration no. HR-01-A- 9247, driven by respondent no. 1, allegedly in a rash and negligent manner, struck against the cycle and dragged the appellant and the cycle to a considerable distance, resulting in multiple fractures to him. The appellant was a Sepoy in the army and was taken to the military hospital, Chandimandir, and was treated there for multiple fractures on his left foot. 55 stitches are also stated to have been applied on his head, as also on his face. He was also stated to have suffered a fracture of both his jaws. A rod was inserted in his left foot and his jaws were repaired with the help of metal wires. After discharge from the hospital, he was again admitted for another operation of his left foot and for further treatment of his head injuries, as a result of which he was confined to bed for six months. Thereafter also, he is stated to have started working only in November, 1993, with the help of a stick. It was further contended that he became permanently disabled on account of the head injuries, and he has not been able to put any weight on his head. Yet further, it was contended that other than the military hospital, he also took treatment from a private doctor and had eventually spent a sum of Rs. 1 lac on his treatment and special diet. In the hospital, he was looked after by his relatives.
(3.) Originally, when the claim petition was filed on 19.01.1995, it is stated in the award that his monthly income was given to be Rs.1700/-, whereas in the amended claim petition filed on 30.5.2001, it was given as Rs. 5518.;