RAVINDER UPPAL Vs. SUDERSHAN SINGH & ORS

JUDGEMENT

(1.) Ravinder Uppal (appellant in MAC. Appeal No. 60/2013 and first respondent in MAC. Appeal No. 264/2013) had instituted an accident claim case (Suit No. 194/07) on 14.08.2007 seeking compensation for injuries suffered by him in a motor vehicular accident that had occurred on 17.03.2007 due to negligent driving on the part of Sudershan Singh (appellant in MAC. Appeal No.264/2013 and first respondent in MAC. Appeal No.60/2013) of truck bearing registration No. PB-10BV-8610. The Tribunal held inquiry and, by judgment dated 27.08.2012, upheld his case for compensation holding the said Sudershan Singh (driver) responsible for the accident.

(2.) The Tribunal awarded compensation in the total sum of Rs.22,53,600/-, the said amount inclusive of damages on account of medical expenses and physiotherapy charges (Rs.7,75,600/-), special diet and conveyance (Rs.1,00,000/-), attendant charges (Rs. 1,20,000/-), loss of income during the period of treatment (Rs.6,58,000/-), loss of future income due to disability assessed at 10% (Rs.2,75,000/-), loss of marriage prospects (Rs.1,00,000/-), damages for pain and suffering (Rs.75,000/-), loss of amenities of life (Rs.75,000/-) and loss of expectation of life (Rs.75,000/-).

(3.) The claim petition had been presented before the Tribunal by Ravinder Uppal (the claimant) through his father and attorney Mr. Pradeep Kumar Uppal. In the wake of objection being taken to the maintainability of the petition presented by a person allegedly without authority, an additional issue was framed by the Tribunal on 28.08.2010. The claimant, however, amended the petition to bring on record the additional facts of filing the petition through attorney. The said order was challenged before this Court but rejected by order dated 26.05.2011. In terms of the said order of this Court, the liability to pay interest for the period wherein the petition in question had remained pending in this Court, was placed at the door of the driver (the first respondent). Thus, the Tribunal, while directing the payment of compensation in the total sum of Rs.22,53,600/- by judgment dated 27.08.2012, called upon the insurer (respondent No.3) to pay the said amount with interest @ 9% per annum fastening the liability also of interest for the aforementioned period on the first respondent.