THE COURT HELD THAT THE TRIBUNAL'S AWARD OF COMPENSATION WAS INADEQUATE AND ENHANCED THE COMPENSATION TO RS. 52,530/-.

( 1 ) THE present appeal is directed against the award dated February 10, 1982 passed by Shri S. P. Saberwal. Judge Motor Accident Claims Tribunal, Delhi.

( 2 ) THE appellant Shri Devinder Singh filed the claim petition under Section 110-A or the Motor Vehicles Act, claiming compensation of Rs. 4,50,000. 00 on account of injuries sustained by him in an accident that took place on April 2, 1974 at 12. 55 hours at Janpath, New Delhi. He was going on scooter No. DHQ-2750 from Air India Office, Janpath to Lodhi Hotel and when he reached near Eastern Court, respondent no. 1 who was driving his car No. DHC-1157 hit him on the side and caused fracture of left leg and small finger besides abrasions on elbow and the back. It was alleged that the car was being driven in a rash and negligent manner and the driver was not having a proper look out as a result of which he dashed his car into the scooter of the appellant who was going at a normal speed. The appellant remained under treatment for a period of six months on the date of filing of the petition and the said treatment was still continuing.

( 3 ) THE claim petition was contested by respondents 1,2 and 3 and joint written statement was filed on behalf of respondents 1 and 2 whereas separate written statement was filed by respondent no. 3. The pleas taken, however, were common. According to the respondents, the car No. DHC-1157 was parked in the parking lot outside Chanderlok building. The driver was sitting in the car waiting for his master, when the said car was parked, the appellant who was driving the scooter and coming from the side of Connaught Place without care and proper look out, reached the parking lot and suddenly took his scooter to the right and in doing so, he lost control and back side of the scooter grazed the front bumper of the car.

( 4 ) THE following issues were framed:

1. Whether the accident resulting in injuries to the petitioner was caused due to rash, reckless and negligent driving of car No. DHC-1157 on the part of respondent no. l or respondent no. 4?

2. Whether the respondents are not liable for the reasons alleged in para 2 of the preliminary objections of the written statement?

3. To what amount of compensation, if any. is the petitioner entitled and if so. from whom?

4. Relief.

( 5 ) THE learned judge disposed of issues 1 and 2 by holding that the accident was caused due to rash and negligent driving of car No. DHC- 1157 on the part of respondent no. 4 Sharif Ahmed. The tribunalreferred to the evidence of Public Witness8 harbans. Singh. who wasan independent eye witness to the occurrence as well as to the First Information Report lodged against respondent no. 4, Ex. Public Witness3/l. The copy of the judgment convicting the said respondent under Section 279/3381pc was placed on record as Ex. Public Witness9/g. The appellant himself appeared as Public Witness10 and reiterated the averments made in the claim petition that he was hit by the offending car which resulted in fracture of his left leg. The statement of Investigating Officer will further indicate that the driver was arrested on the spot and the car was taken into possession vide recovery memo Ex. Public Witness9/b. In this background, the pleas taken by the respondents were obviously false and the stand that the car was stationary in the parking lot was liable to he rejected. There is no infirmity in the finding of the Tribunal and the same is affirmed.

( 6 ) THE Tribunal then determined the quantum of compensation while disposing of issues 3 and 4. The claim was considered under separate heads. The medical evidence was brought on record which indicated that the appellant suffered mental pain and agony as a result of the injuries sustained by him. The appellant appeared as Public Witness10 and deposed that he was taken to Willington Hospital in a police car as he sustained fracture in his left leg. He further stated that he was plastered in the said Hospital and was discharged in the even