LAWS(DLH)-2012-8-116

N K MUDGAL Vs. JAI PRAKASH

Decided On August 06, 2012
N K MUDGAL Appellant
V/S
JAI PRAKASH Respondents

JUDGEMENT

(1.) APPELLANT N.K. Mudgal initially preferred only one Appeal against a judgment dated 02.09.1999 whereby two Claims Petitions, one filed by N.K.Mudgal (R1/30/90) and the other filed by Respondent No.1 Jai Prakash Gupta (R1/47/91) were decided. The Claims Petition filed by the Appellant was dismissed whereas the Claims Petition filed by Jai Prakash Gupta was allowed.

(2.) SINCE the Appellant N.K. Mudgal ought to have filed two separate Appeals, the second Appeal being MAC APP 292/2012 was filed after a great delay.

(3.) AN application under Section 166 of the Motor Vehicles Act, 1988 (the Act) was filed by the Appellant claiming a compensation of Rs.20 lacs on the ground that on 12.07.1990 at about 9:00 P.M. he was on his way back from his office to his residence at Sreshtha Vihar, Delhi-92. When he reached the crossing of Sreshtha Vihar, he was hit by the offending two wheeler No.DDJ-8588, which was driven by the first Respondent Jai Prakash Gupta at a very fast speed and in a rash and negligent manner. He gave the details of the injuries suffered by him in the accident and the loss sustained.