RAJENDRA PRASAD & ANR Vs. SHYAM LAL

JUDGEMENT

(1.) The first respondent (claimant) had instituted accident claim case (suit no.249/2010) on 28.03.2007 seeking compensation for injuries sustained and the permanent disability consequently suffered by him in a motor vehicular accident that had occurred on 08.01.2007 due to negligent driving by the first appellant (driver) of a motor vehicle described as a mail van bearing registration no.DL-1LP-1401 of the second appellant (owner).

(2.) The Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 04.07.2012, awarded compensation in the total sum of Rs.5,89,220/- in his favour directing the appellants to pay with interest at 9% p.a., the said amount inclusive of Rs.4,08,220/- towards medical expenditure, Rs.1,50,000/- towards loss of amenities of life and pain and suffering, Rs.25,000/- towards conveyance and special diet and Rs.6,000/- for loss of income.

(3.) It may be mentioned here that during the course of proceedings before the tribunal, it was pleaded by the claimant that he was earning his livelihood by working as an Umpire with Delhi District Cricket Association (DDCA) at Firozshah Kotla Stadium, New Delhi at monthly income of about Rs.8,000/-. He produced an income certificate (Ex. PW1/3) issued by Honorary Secretary of the DDCA to substantiate the said claim. During the course of contest, the appellants also led evidence, inter alia, by examining Rajender Prasad (RW1) to prove another income certificate (Ex. RW1/5) issued by DDCA. It is on the basis of the said certificate (Ex. RW1/5) that it was argued that the claimant had filed a false affidavit to the effect that he had not been able to assume the work of Umpire / Scorer with DDCA after the incident. The appellant filed an application under Section 340 of the Code of Criminal Procedure, 1973 seeking criminal action to be initiated on the basis of such affidavit. The tribunal, however, was not impressed. It rejected the application for criminal action and accepted the claim for compensation granting the award which result is impugned through the appeal at hand.