D P PANDEY Vs. GURMEJ SINGH & ORS

JUDGEMENT

(1.) The appellant was employed as a Constable with Central Reserve Police Force (CRPF) during the relevant period and had gone to Dhaula Kuan Area on official duty on 28.02.1993 where while he was walking on foot, he was hit by a motor vehicle described as Delhi Police van bearing registration No. DBP 8172 from behind due to which he was injured. He instituted accident claim case (MAC 14/93/11) on 07.05.1993, impleading the respondents as parties on the other side, alleging that the accident had occurred due to negligent driving of the said police van. The case was put to inquiry and decided by judgment dated 14.03.2007 by Motor Accident Claims Tribunal holding, inter alia, that the claimant had suffered injuries due to negligent driving of the above said vehicle of the respondents.

(2.) It appears the claimant had pleaded that he had suffered permanent disability. However, no formal proof was brought at that stage and the tribunal, by its judgment dated 14.03.2007, granted total compensation in the sum of Rs. 31,000/-.

(3.) The claimant brought a challenge to the said judgment by MAC Appeal no. 586/2007 in the course of which it was pleaded that his right hand was paralysed and he was unable to walk without support, his permanent disability having been certified to be to the extent of 65%. Since the question of formal proof of such disability arose, on his request, for opportunity for leading additional evidence and the inquiry was revived before the tribunal, its earlier judgment dated 14.03.2007 having been set aside and the matter remitted by order dated 13.01.2009 of this Court.