- (1.) This appeal has been preferred by the claimant-Hav. Jagan Nath praying for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bathinda, vide order dated 2.5.1991.
(2.) It is submitted that the appellant sustained injuries in a motor vehicle accident which occurred on 18.11.1987 at 6:15 a.m. due to rash and negligent driving of Maruti car No. PAW- 1074 by respondent No.2. The appellant was hospitalized from 18.11.1987 till 25.2.1988 which is substantiated by the evidence of AW4 Major C.S.Joshi who has endorsed the factum of admission of the appellant for the said period and it was further stated that the claimant was attended by Lt. Col. K.C.Panda and subsequently by Major C.S.Joshi. Multiple injuries were suffered by the appellant. He claimed compensation to the tune of Rs. 5,50,000/- for the injuries suffered by him stating that he had been permanently disabled on account of the fractures sustained, thus preventing him from resuming his duties. Appellant's claim was resisted by the respondents. The learned Tribunal framed the following issues on the basis of the pleadings of the parties:- 1. Whether the petitioner sustained multiple injuries in the motor vehicular accident resulting permanent disability due to rash and negligent driving of the Maruti car PAN 1074 driven by Harkrishan Lal Sharma respondent No.2 on 18.11.87 in the area of Bathinda Cantt, OPA. 2. To what amount of compensation the petitioner is entitled and to and from whom OPA. 3. Whether the petitioner has no locus-standi and cause of action to file the present petition against the respondents OPR. 4. Whether the application is bad for mis joinder of un-necessary parties OPR 5. Whether the application is not maintainable in the present form OPR. 6. Whether the petitioner is estopped from filing the petition due to his act and conduct OPR. 7. Whether the application is filed in collusion with respondents No. 1 and 2 OPR-3. 8. Whether the car driver was having valid driving licence OPR-1. 9. Whether the car involved in the accident was being used as taxi without any payment. If so its effect OPR. 10. Relief.
(3.) Evidence was led by the parties and the learned Tribunal on considering the entire facts and circumstances of the case awarded a sum of Rs. 50,000/- to the appellant on account of the injuries sustained by the him. Aggrieved therefrom the appellant has prepared the instant appeal praying for enhanced compensation.;