The main legal point established is that compensation can be awarded for injuries sustained due to negligent driving, based on the evidence presented.

Amarjeet Chaudhary, J.

1. This appeal is directed against the award of the Motor Accident Claims Tribunal, Patiala, which had dismissed the claim petition on the ground that the Claimant had not sustained serious injury as a result of Motor Vehicle Accident on account of the rash and negligent driving of Tractor No. PJV-3480 by Bhagwant Singh on 20.3.1986.

2. Learned counsel for the appellant contends that the claimant had proved on record that the accident had taken place on account of rash and negligent driving of Tractor No. PJV-3480.

3. In order to substantiate his arguments, learned counsel has read statements of Jaspal Singh, AW-2, Balbir Singh, AW-3 as well as of Dr. Baldev Singh, AW-1, who has treated the claimant in Medical College, Patiaia.

4. I have heard the learned counsel for the parties and perused the paper book.

5. Dr. Baldev Singh, AW-1 stated that the claimant was operated upon by him on 14.5.1986 and was discharged on 22.5.1986. Earlier, he remained in the Orthopedic Ward from 20.3.1986-to 25.3.1986. It has also come in the statement of, doctor that there was no shortening of leg. However, the claimant had suffered disability to the extent of 15%. In Cross examination, Dr. Baldev Singh stated that the disability may improve to some extent or may not improve at all.

6. Jaspal Singh, AW-2 had stated that on 20.3.1986 while going towards his village Bhunerheri from Patiaia he noticed that a tractor trolley was lying on one side of the road and the person present there told him that the claimant had received injuries in the accident and on their asking, he removed the injured, Labh Singh to Rajindra Hospital, Paliala. In cross examination, Jaspal Singh stated that he found that Labh Singh was lying on the ground and a tractor trolley was there at the spot.

7. Balbir Singh AW-3 had stated that the accident occurred in his presence and the driver of the offending tractor trolley had tried to escape but was prevented from running. In cross examination a suggestion was put to this witness that Labh Singh was knocked down by the tractor which was following the tractor of respondent, but he categorically denied the same.

8. Labh Singh, injured while appearing as AW-4 had given the manner in which the accident had occurred. In the cross examination, no question was put to him with regard to the manner of accident.

9. In view of the statements referred to above, this Court has reached the conclusion that the appellant had suffered injuries in the accident which took place on 20.3.1986 due to rash and negligent driving of Bhagwant Singh, driver of Tractor No. PJV-3480.

10. Taking into consideration the injuries received by the claimant, details of which have come in the statement or Dr. Baldev Singh, AW-1, the claimant is held entitled to Rs. 50,000/- as compensation in all including Rs. 10,000/- as medical expenses with 12 % interest from the date of filing of the claim petition. The compensation amount is to be paid by the respondents jointly and severally.

11. The award of the Motor Accidents Claims Tribunal, Patiala, is modified to the extent indicated above. The appeal is accordingly disposed of.