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Judgment
Since the LCR has been received and all the parties have been served, so, this court has rendered hearing to this appeal on merits today itself.
The accident occurred on 22.02.2015 at 04:15 PM in the vicinity of Haridwar outskirts where a motorbike UA08F-6407 borne a man Shri Rakesh Kumar Chauhan was dashed by the dumper truck no. UK07-CC-0116.
A case crime no. 60/2015 for the offence of section 279, 338 of IPC was registered against the driver of the offending truck. This court is not aware about the fate of such criminal case, although charge-sheet was presented by the police against the driver.
Shri Rakesh Kumar Chauhan was severely injured, so, he was shifted to the nearby Bhumanand hospital, wherefrom he was referred to the higher center. So, this way, he remained under medical treatment for a long period in the Mahant Indresh Hospital/College, Dehradun.
It was pleaded that on account of this accident he has sustained such serious injuries, which has left him to be permanent disabled for rest of the life.
By vocation he was doing the job of driver and earning Rs. 8,000/- per month and since the fracture took place in his leg, so, an iron rod is placed as a support of the leg by way of surgical operation. He incurred huge medical expenses. All the bills which he produced were calculated and the learned court has granted Rs. 75,130/- towards the payment of such bills.
Rupees one lakh has been granted towards the mental and bodily pain, which he suffered for a long period of three months and another Rupees one lakhs has been granted towards the loss of income, which he could have earned during the period he remained hospitalized. In all, rupees three lakhs along with 6% simple interest has been awarded as a total compensation.
Looking to the agony and the anguish which the claimant was constrained to suffer on account of this accident, I think the amount is not exorbitant.
There is no force in this appeal.
It is hereby dismissed.
LCR be sent back.