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2014 Supreme(All) 3870

D.P.SINGH, ASHWANI KUMAR MISHRA
VARUN SINGH – Appellant
Versus
ARVIND KUMAR SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :H.G.S. Parihar and J.K. Shukla, Advocate.
For the Respondent:S.C. Gultai and Vinay Srivastava, Advocate.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. The question involved for consideration in the present appeal u/s 173 of the Motor Vehicle Act, is as to how much amount would construe "just compensation" for the injuries suffered by the 16 years old school boy, who was hit by a tanker causing him 60% permanent disability to his right leg? The facts emerging from the record are that on 17.11.1994 at about 4.00 p.m. appellant-claimant Varun Singh, a student of class 9th in Government Intermediate College, Pratapgarh, while was returning house from school on bicycle, was hit from behind on account of rash and negligent driving of tanker bearing registration No. UP44-3277. It is claimed that people present on the spot forced the driver of the tanker to stop immediately. The driver left the tanker at the spot and ran away, and the tanker was taken in police custody. In the accident, appellant-claimant's right leg came in between tyre of the tanker, causing multiple fracture between hip bone and knees, and also between knees and toes, apart from severely rapturing muscles etc. Appellant-claimant suffered severe pain and discomfort due to the injury caused. He was taken to the hospital at Pratapgarh



















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