SUNIL RATRA Vs. SHIV SINGH & ORS.

JUDGEMENT

(1.) The appellant was travelling in Maruti car bearing No.DL 2CN 2581 on way to Nainital from Delhi with his wife Pushpa when the car met with an accident at about 02:30 hours on 21.05.2004 in the area of Haldwani Road, Uttarakhand on account of collision against truck No.UHC 915 (the offending vehicle) which concededly was insured with the second respondent (the insurer) against third party risk for the period in question. Both the appellant and his wife suffered injuries and filed their respective claim petitions under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) in the Motor Accident Claim Tribunal (the Tribunal), on 23.09.2004, the claim case of the appellant having been registered as petition No.350/2004. Both the claim cases were inquired into decided by the Tribunal by common judgment dated 23.01.2006. The driver and the owner of the offending vehicle were held jointly and severally liable and the insurer was called upon to indemnify on account of the insurance policy. In the case of the appellant, the Tribunal awarded compensation in the sum of

(2.) ,13,662/ - with interest at 6% per annum from the date of filing of the petition till 06.04.2005 and thereafter w.e.f. 28.10.2005 till realization. 2. The appellant came up with the appeal at hand questioning the computation of the compensation expressing grievance that the same has not been adequately awarded.

(3.) At the hearing the appeal is pressed only for increase in the compensation on account of loss of income and reimbursement of medical expenses.