SAKENDER Vs. GHANSHYAM & ORS

JUDGEMENT

(1.) The appellant had suffered injuries in a motor vehicular accident that had occurred on 18.12.2009, due to negligent driving of motor vehicle described as bus, bearing registration No.DL-1PA-1753, admittedly insured against third party risk for the period in question with the third respondent (insurer). He instituted accident claim case (Suit No.409/10) on 14.07.2010, seeking compensation.

(2.) The claim was based, inter alia, on the plea that the appellant (claimant) had suffered permanent physical impairment, such condition having been assessed by a board of doctors of All India Institute of Medical Sciences (AIIMS) to be permanent disability to the extent of 43% in relation to right lower extremity, it having arisen out of fracture of the superior and inferior pubic rami right with type two sacral fracture (Ex.P-1).

(3.) The tribunal, by judgment dated 07.05.2012, held that the claimant was entitled to compensation because the accident had occurred due to negligent driving of the bus by the first respondent (the driver), he along with second respondent (the owner of the bus) being consequently held liable, jointly and severally, to pay compensation. The tribunal awarded compensation in the total sum of Rs.2,98,000/-, calculating it thus:- <FRM>JUDGEMENT_288_LAWS(DLH)12_2017_1.html</FRM>