ISHWAR SINGH Vs. JAGJIT SINGH

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal (for short the MACT) by an order dated 23rd March, 1987 in Suit No.696/1979 awarded compensation to the Appellant of Rs.87,000/- with simple interest @ 12% per annum from the date of filing the claim petition for injuries suffered by him in an accident. The Appellant seeks enhancement of compensation to Rs.1,00,000/-, as claimed by him.

(2.) The Appellant, a Constable with the Delhi Police, was riding a motorcycle on 20th March, 1979. At about 11.00 pm, he approached a crossing near Ganga Ram Hospital when he gave a signal with his hand indicating his intention to take a right turn. He had not even taken the right turn and he was hit by a truck driven rashly and negligently. The Appellant was dragged along with his motorcycle and suffered serious injuries, including amputation of his left leg from the middle of his thigh. According to the claim petition, the driver of the truck (Respondent No.1) ran away from the spot leaving the truck behind.

(3.) The Respondents objected to the claim petition and stated that it was not Respondent No.1 but one Jasvinder Singh who was driving the truck at the relevant time without the consent and permission of the owner of the truck, that is, Respondent No.1. Jasvinder Singh was, however, not made a party to the proceedings.