Judgment :

Yashvir Singh Rathor, J. 

1. This appeal has been instituted against the Award dated 15.10.1998 for enhancement of compensation awarded in MACT case No.2 of 09.01.1993 decided by the MACT, Gurdaspur (for short “Tribunal”) on account of injuries suffered by him in a motor vehicular accident with a vehicle being driven by respondent No.1 in a rash and negligent manner which was owned by respondent No.2 and insured with respondent No.3.

2. I have heard learned counsel for the parties and have perused the material on record.

3. From the pleadings of parties, following issues were framed:-

“1. Whether Jaswant Rai – claimant received injuries due to rash and negligent act of driving of Balwinder Singh respondent No.1 by driving truck No.DL-14/7837 in the area of Sarna Railway Station near Petrol Pump of Bharat Petrol Service Station on 11.11.1992 at 9.45 a.m., OPA.

2. Whether the claimant is entitled to claim compensation from all the respondents, if no, to what amount. OPA

3. Relief.”

4. Thereafter, the parties led evidence in support of their case.

5. After hearing the parties and going through the material on the file, learned Tribunal awarded a sum of Rs.1,70,000/- as compensation to the claimant, on account of injuries suffered by him along with interest @ 12% per annum from the date of filing of claim petition till realization.

6. Feeling aggrieved, the appeal in hand has been preferred. The material on file has been perused and parties have been heard.

7. The only issue required to be determined in the present appeal relates to the assessment of compensation. Therefore, the entire facts regarding the manner of the accident are not required to be reproduced in detail, as the Tribunal has already held under Issue No.1 that the accident occurred due to the rash and negligent driving on the part of respondent No.1 while driving the offending truck No. DL-IG-7837, owned by respondent No.2 and insured with respondent No.3 and all the respondents were held liable to pay compensation jointly & severally. No appeal or cross-objections have been filed by respondents, challenging the said findings and accordingly findings on issues No.1 & 3 are not required to be interfered with.

8. Coming to issue No.2, stand of petitioner is that he was working with Punjab State Electricity Board, Gurdaspur and was going on his duty on his scooter from Gurdaspur to Pathankot when the offending truck hit him from behind, resulting in multiple injuries and amputation of both his legs. To prove the injuries suffered by him, petitioner has examined AW3 Dr. D.B. Pathania, Medical Officer who deposed that on 11.11.1992, patient namely Jaswant Rai was admitted in the hospital and was medico legally examined on 15.11.1992. Patient had suffered following injuries on his person:-

“1. Traumatic amputation of right lower limb in upper 3^rd of thigh, muscles of thigh were crushed.

2. Compound fracture of the left temur in lower third alongwith tramumatic amputation just below the knee on left lower limb.

3. Multiple abrasions on the back of lower abdomen and arm of both sides.”

He further deposed that the copy of MLR is Ex.A6.

9. AW4 Panna Lal Sharma, Pharmacist, Civil Hospital, Pathankot deposed that he has brought the indoor patient register of Jaswant Rai, who was admitted in Civil Hospital, Pathankot on 11.11.1992 vide CR No.3926-1996 with the history of road accident.

10. Petitioner stepped into the witness box as AW1 and deposed that he had suffered injuries and was taken to Civil Hospital, Pathankot and remained admitted there upto 14.01.1993. Both of his legs were amputated in Civil Hospital, Pathankot and the right leg was amputated below the knee. He was discharged from the hospital and he got his wounds dressed for two months at his residence. Thereafter, his leg was operated upon by Dr. Suresh Sharma and he could join his duties after 13-14 months. Thereafter, doctor of PSEB referred him to DMC, Ludhiana where he was admitted on 22.12.1994 for his treatment an