- (1.) THIS appeal is directed against judgment and award dated 11.08.2010 passed by the Motor Accident Claims Tribunal and Additional District Judge, Raisingh Nagar, District Sri Ganganagar ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 4,77,288/ - alongwith interest @ 6% per annum from the date of filing application for compensation ('the application') i.e. 03.03.2005.
(2.) THE facts in brief may be noticed thus : the claimant injured was riding on a motor cycle alongwith Vishnu Dutt on 18.12.2004 as a pillion rider, when the bus belonging to the appellant Corporation, which was being driven by Guru Charan Singh, struck the said motor cycle, which resulted in grievous injuries to the appellant and to the rider Vishnu Dutt, the injuries resulted in amputation of right leg of the appellant from the thigh; an application seeking compensation of Rs. 24,80,000/ - was filed, inter alia, with the averments that the accident occurred on account of rash and negligent driving by the driver of the bus; the income of the appellant was Rs. 3,000/ - per month and a sum of Rs. 2,00,000/ - was spent on the treatment. A reply to the application was filed by the driver of the bus; it was claimed that the accident had occurred on account of collusion with some truck, however, as the truck could not be found, the bus has been involved. Another reply was filed by the appellant Corporation; it was claimed that driver of the motor cycle was not in possession of valid and effective driving licence and the accident occurred on account of his negligence and, therefore, while riding the motor cycle, both of them fell down and the bus of the Corporation has been wrongly implicated. The Tribunal framed five issues and on behalf of the claimant his own statement was recorded and 80 documents were exhibited. On behalf of the Corporation driver Guru Charan Singh was examined as NAW -1. After hearing the parties, the Tribunal found that the vehicle in question i.e. bus belonging to the Corporation was involved in the accident and on account of the permanent disablement suffered by the claimant whereby he had suffered 75% disablement, awarded a sum of Rs. 4,32,000/ - towards loss of income, Rs. 10,000/ - towards nutritious diet and Rs. 10,000/ - towards pain and mental agony besides Rs. 25,288/ - towards medical expenses alongwith interest as indicated hereinbefore.
(3.) IT is submitted by learned counsel for the appellant that the bus belonging to the Corporation was not involved in the accident, which is apparent from the record and, therefore, the Tribunal was not justified in saddling the Corporation with the liability to pay the compensation. It was submitted that in the FIR, the incomplete number of vehicle, which the claimants were riding was indicated as RJ13 -5M - - and in the claim case the vehicle involved has been indicated as RJ13 -2M -601, which clearly shows that the accident did not occur in relation to the said motor cycle RJ13 -2M -601 and, therefore, apparently the claim was not maintainable against the appellant Corporation and the award, therefore, deserves to be set aside. It was also submitted that the award of compensation is also excessive looking to the injuries suffered by the claimant as the claimant has failed to prove his income at Rs. 3,000/ - per month.;