CHANDER KUMAR Vs. RAJINDER KUMAR GANDOTRA

JUDGEMENT

(1.) This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation of 80,000/- as awarded by the learned Motor Accident Claims Tribunal to 6 lakhs on account of the injuries sustained by the Appellant in a motor vehicular accident.

(2.) Briefly delineated the facts as set out in the claim petition instituted by Smt. Neelam, the wife of the Appellant is that the Appellant was hit by bus bearing No. DEP 7010, plying on the date of the accident, under the Delhi Transport Corporation. It is alleged that at the time of the accident on 10th March, 1989 the bus in question was being driven by the Respondent No. 1 near the Police Lines, on Bhama Shah Marg, within the jurisdiction of Police Station Kingsway Camp. It is not in dispute that the bus was owned by the Respondent No. 2 and insured with the Respondent No. 3-The New India Assurance Company Ltd. The factum of the accident was also admitted by the Respondents No. 1 and 2 in the joint written statement filed by them to the claim petition. Respondent No. 3, however, sought to deny the same for want of knowledge.

(3.) As stated above, initially the petition was preferred by Smt. Neelam, wife of the injured on the ground that the Appellant had sustained injuries which had resulted in his being hospitalized since the date of the accident, and he having remained intermittently in coma on account of the injuries sustained on his head, had lost all sense of proportion. An objection having been raised to the maintainability of the petition, however, the Appellant himself joined the proceedings by moving an application in this regard before the Claims Tribunal.