SURESH CHAND SHARMA Vs. RAJU

JUDGEMENT

(1.) The present appeal has been filed challenging the Award dtd. 12/12/2018 (hereinafter referred to as the 'Impugned Award') passed by the learned Motor Accidents Claims Tribunal (Pilot Court), Karkardooma Courts, Delhi (hereinafter referred to as the 'Tribunal') in MACT Case No.14887/2015, titled Sh. Suresh Chand Sharma (through LR"s) v. Raju and Anr.

(2.) In the Impugned Award, the learned Tribunal accepted the plea of the claimants that late Sh.Suresh Chand Sharma had sustained grievous injuries in the accident which occurred due to the rash and negligent driving of the offending vehicle bearing registration No.DL5 SBK 5277, being driven by its driver, that is, respondent no.1 herein. However, on the issue of the award of compensation to the claimants, the learned Tribunal held that the claimants/appellants did not take appropriate steps to summon the doctor to prove the disability certificate, and in the absence of such proof, the disability certificate of the injured cannot be relied upon. It was further held that as the late Sh.Suresh Chand Sharma expired during the proceedings of the Claim Petition, the claimants are not entitled to compensation on the head of loss of income, loss of amenities of life, as well as the damages towards pain and suffering and other non-pecuniary heads.

(3.) Aggrieved of the abovementioned findings of the learned Tribunal, the claimants have filed the present appeal.