The main legal point established in the judgment is the assessment of compensation in motor accident claims based on factors such as income, loss of earning capacity, medical expenses, and disability, with reference to relevant judgments.

Ritu Bahri, J.

The present appeal has been filed by Rishi Pal, appellant-claimant seeking enhancement of compensation amount awarded by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as 'the Tribunal') vide award dated 15.10.2012 on account of injuries received by him in a vehicular accident which took place on 17.09.2010.

2. Facts Not in Dispute

On 17.9.2010, Rishi Pal along with his cousin Rajpal son of Kailash Chand resident of Village Tilfera Illabad, Police Station Nanota, District Saharanpur (UP) was going on foot from Mandi Mani Ram, Gharaunda towards Govt. Senior secondary School, Gharaunda. At that time a jeep make TATA bearing No. HR-67-6687 came from Panipat side being driven by its driver-respondent no.1 in a very rash negligent careless manner and hit the claimant, due to which he fell down on the footpath and sustained serious multiple and grievous injuries on vital parts of his body including multiple fractures on his right leg. After the accident, he was shifted to CHC, Gharaunda with the help of Rajpal and the driver of the offending jeep namely, Sudhir, where he was medico legally examined and first aid was provided and then he was referred to Govt. Hospital, Karnal. In this regard, FIR No.283 dated 14.11.1999 under Sections 279 and 304-A of Indian Penal Code was lodged at Police Station, Madlauda.

3. Compensation Assessed by the Mact

On account of injuries suffered by him in the accident, appellant-claimant Rishi Pal filed claim petition under Sections 166 and 140 of the Motor Vehicles Act, 1988. The following issues were framed by the Tribunal:-

(i) Whether the accident took place due to sole rash and negligent driving of respondent no.1, as alleged? OPP

(ii) Whether the claim petition is not maintainable in the present form? OPR

(iii) Whether the claim petition is bad for misjoinder and non joinder of necessary parties? OPR

(iv) Whether the claim petition has been filed in collusion with respondent no.1 as alleged? OPR

(v) Whether the claimant has got no cause of action and locus standi to file the claim petition? OPR

(vi) Whether respondent no.1 was not holding a valid and effective driving licence at the time of accident. If so, its effect? OPR2

(vii) Whether the vehicle in question was being driven in violation of terms and conditions of the insurance policy as alleged. If so, its effect? OPR2

(viii) Whether the claimant is entitled to compensation. If so how much and from whom? OPP

4. On issue no.1, the Tribunal returned a finding in favour of the claimant that the accident in question took place due to the rash and negligent driving of respondent no.1. Issues no. 2 to 5 were decided against the respondents and in favour of the claimant. As regards issues no. 6 & 7 the onus to prove these issues was on the respondents. Respondent no.1 simply tendered copy of his driving licence as Ex. R-1 valid up to 3.3.2012 valid for car jeep scooter and motorcycle, whereas respondent no.2 has simply tendered in evidence copy of insurance policy Ex. R-2 valid from 5.3.2010 to 4.3.2011. No evidence was led by respondent no. 2 that respondent no.1 was not holding a valid and effective driving licence or the driving licence Ex. R-1 was not genuine or valid. Even respondent no.2 has not led any evidence to prove that the said vehicle was being driven in violation of terms and conditions of the insurance policy and provisions of Motor Vehicles Act. Hence these issues were decided against respondent no.2 and in favour of claimant and respondent no.1. Issue no. 8 as regards the entitlement of compensation to claimant was also decided in favour of the claimant.

5. While assessing the compensation payable to the claimant Tribunal assessed the income of the claimant to be Rs. 4200/- per month. The annual income of the claimant was assessed as Rs. 50,400/- Keeping in view the disability suffered by the claiman