Sunil Kumar vs Pyar Mohd & Ors on 22 January, 2016

R.K.GAUBA, J :
1. By judgment dated 30.03.2012 in motor accidents claim petition
No.1123/2010, the Motor Accident Claims Tribunal, (“the Tribunal”)
awarded compensation in the sum of ₹9,20,961/- with interest in favour
of the appellant, with suitable directions about its protection, for the
injuries suffered by him on 27.10.2007 in a motor vehicular accident
involving truck bearing registration No.HR-55F-9582 (“the offending
vehicle”). The appellant, feeling aggrieved with the assessment of
compensation, has come up through the appeal at hand under Section
173 of the Motor Vehicles Act, 1988 (“the MV Act”) seeking
enhancement.
2. Certain facts are no longer in dispute and may be noted at the
outset. It has been found, upon enquiry by the Tribunal, that the
appellant, then aged 33 years and working as a sweeper (under contract)
of the Municipal Corporation, Ghaziabad, U.P. moving on his bicycle

MAC.APP No.956/2012 Page 1 of 14
on 27.10.2007 was hit by the offending vehicle driven by Pyar Mohd.
(the first respondent before the Tribunal) in a rash/negligent manner,
from behind, in the area of village Dundahera bye-pass of Ghaziabad,
U.P., as a result of which he fell down and his right leg was badly
crushed. The offending vehicle was owned by Raj Kumar Gupta (the
second respondent before the Tribunal) and was concededly insured
with the third respondent herein for the relevant period against third
party risk.

Source: Indian Kanoon

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