KAMAL SINGH Vs. JAI KUMAR SHARMA

JUDGEMENT

(1.) This judgment shall decide the present appeal filed by the appellant/claimant/injured under Sec. 173 of the Motor Vehicles Act, 1988[1] assailing the Impugned Judgment dtd. 13/4/2022 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Tis Hazari Courts, Delhi[2], whereby the claim petition of the appellant was dismissed on the ground that the appellant/claimant is getting pension of Rs.315.00 per day due to employment injury under Employees State Insurance Act, 1948[3] and in view of the bar created by Ss. 53 and 61 of the ESI Act, the learned Tribunal has no jurisdiction to entertain such a claim petition and the appellant/claimant is not entitled to get compensation under M.V. Act.

(2.) Briefly stated, the case of the appellant/claimant is that on 23/4/2015, at approximately 10 a.m., the appellant/claimant was standing beside his vehicle bearing registration No. DL-4CNE-4993, which was parked on the extreme left side of the road near the agricultural land of Sh. Richchpal Singh at Kohla Village, P.S.[4] Bahsuma, District Meerut, Uttar Pradesh. At that time, the offending vehicle bearing registration No. DL-8CY-1682, came from behind and collided with the appellant/claimant's vehicle with great force. As a result, the appellant/claimant was flung far away and sustained multiple grievous injuries. He was initially taken to Anand Hospital, Meerut, but due to his critical condition, he was transferred to the Indian Spinal Injuries Centre, Delhi, where he was admitted until 29/6/2016. Due to the injuries sustained in the accident, the appellant/claimant was rendered 100% disabled, as certified by his disability certificate. The appellant/claimant is a paraplegic and requires an attendant for the entirety of his life for his daily routine work.

(3.) A criminal case under Ss. 279, 337, 338, and 427 of IPC [5] was lodged against respondent No. 1, vide FIR [6] No. 46/15 at P.S. Bahsuma, Meerut, Uttar Pradesh. The appellant/injured, who was 48 years old at the time of the accident, was employed as a driver with M/s Dhanuka Agritech Ltd., located at 14th Floor, building 5A, Cyber City, DLF Phase-III, Gurugram, earning a salary of Rs.16,000.00 per month. However, following the accident and the resulting 100% disability, he was terminated from his job and currently has no source of income, rendering him completely dependent on his family.