PURSHOTTAM LAL GOEL Vs. GURDHIAN SINGH

JUDGEMENT

(1.) These two Appeals arise out of a judgment dated 13.09.1994 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 74,000/- and 40,000/- respectively was granted in favour of the Appellants Purshottam Lal Goel and Savita Gupta (in FAO No.298/1994 and FAO No.302/1994 respectively) for having suffered injuries in a motor accident which occurred on 02.09.1973.

(2.) On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of Taxi No. DLT 1960 by its driver Gurdhian Singh (the First Respondent). As against a claim of Rs. 1,00,000/-, a compensation of Rs. 74,000/- was awarded in favour of the Appellant Purshottam Lal Goel and as against a claim of Rs. 50,000/-, a compensation of Rs. 40,000/- was awarded in favour of the Appellant Savita Gupta. During the inquiry, it was brought to the notice of the Claims Tribunal that the owner of the Taxi (Respondent No.2 Mohal Singh) failed to produce the original insurance policy; its photocopy was obtained from counsel for the owner (Sh. J.N. Verma, Advocate) which reflected that the liability of the Insurance Company was limited to Rs. 5,000/-. The Third Respondent (M/s. United India Fire & General Insurance Co. Ltd.) was directed to pay the compensation of Rs. 5,000/- in each of the case and the Respondents No.1 and 2 were held liable to pay the balance compensation.

(3.) The finding on negligence is not challenged by any of the Respondents. The Appellants challenge the impugned judgment dated 13.09.1994 on the grounds: