PRABHA GUPTA AND ORS. Vs. SURESH AND ORS.

JUDGEMENT

(1.) CM No. 3822/2010

(2.) THIS is an application under Order v. Rule 20 Code of Civil Procedure for substituted service of the Respondent No. 1 by way of publication Since the Respondent No. 1 already stands served by way of publication, the present application has become in fructuous. Dismissed as in fructuous.

(3.) THE brief facts leading to the filing of the appeal are that an unfortunate accident took place on July 14, 1994 near Pusa Chambry, New Delhi in which Mr. S.P. Gupta, aged 53 years, lost his life and his wife, Mrs. Prabha Gupta sustained injuries as a result of the three wheeler scooter in which they were travelling turning turtle. A claim petition was filed by Mrs. Prabha Gupta and the other legal representatives of the deceased S.P. Gupta, claiming compensation for his untimely death. In a separate petition filed by Prabha Gupta, she also claimed compensation for the injuries sustained by her. Both the claim petitions were ordered to be claimed and tried together. On the evidence adduced by the Appellants/claimants, the learned Tribunal held that, the deceased Mr. S.P. Gupta had received fatal injuries and Prabha Gupta had received injuries on account of the rash and negligent driving of the TSR by its driver. The Tribunal then proceeded to compute the compensation payable to the legal representatives of the deceased S.P. Gupta, which is the subject matter of appeal in the present case.