1. This Appeal is directed against the award dated 14.01.2002
passed by the Motor Accidents Claims Tribunal, Karnal, whereby the learned
Tribunal awarded a compensation of ₹3,10,000/- along with interest at 9% per
annum to the appellant/claimant on account of injuries sustained in a motor
vehicular accident.
BACKGROUND FACTS
2. The facts leading to the present appeal, in brief, are that on
13.07.1999 at about 12:30 p.m. near K.J. Rice Mill on the Kaithal-Karnal
Road. Appellant Mangat Ram, aged about 33-34 years, was travelling as a
pillion rider on a motorcycle being driven by Dr. Harish Kumar Sharma (since
deceased). Another motorcycle was also proceeding ahead in the same
direction. A Haryana Roadways bus bearing registration No. HR-45-2191,
driven by respondent No.1 Ishwar Chand, came from the Kaithal side at a very
high speed and in a rash and negligent manner, without blowing any horn.
After narrowly missing the motorcycle ahead, the bus struck the motorcycle of
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the injured from behind, causing both the rider and the pillion rider to fall on
the road. The left front wheel of the bus ran over the motorcycle as well as the
occupants, resulting in the death of the driver on the spot and causing multiple
grievous injuries to the appellant Mangat Ram. The appellant sustained
multiple grievous injuries, including crush injury to left leg (resulting in
amputation below the knee at upper 1/3rd level), right femur fracture (rod
inserted), fractures to right leg below knee, right hand and arm. He was
initially taken to General Hospital, Karnal, referred to PGI Chandigarh, but
admitted to St. Stephen Hospital, Delhi. Consequent upon the accident, a
claim petition came to be filed by the injured appellant under Section 166 of
the Motor Vehicles Act, 1988, before the learned Motor Accident Claims
Tribunal, Rohtak (hereinafter referred to as the learned Tribunal), seeking
compensation of Rs.20,00,000/-