SUBHASH CHAND Vs. AMIT KUMAR & ORS

JUDGEMENT

(1.) The appellant had instituted the accident claim case (RBT MAC petition no.271/09/08) on 23.07.2008 which, after inquiry, was decided by the Motor Accident Claims Tribunal (Tribunal) by its judgment dated 21.01.2013 holding that he (the claimant) had sustained injuries in a motor vehicular accident that had occurred on 24.06.2008 on account of negligent driving by the first respondent (driver) of three wheeler scooter (TSR) bearing registration no.DL1RF 4010 and had been rendered permanently disabled, his functional disability having been assessed to the extent of 15%, inter alia, on the basis of the disability certificate (Ex. PW1/5). The Tribunal awarded compensation in the total sum of Rs.2,18,163/- calculating it thus :- <FRM>JUDGEMENT_305_LAWS(DLH)3_2018_1.html</FRM>

(2.) The insurer of the TSR (third respondent ) had taken the plea that there was a breach of the terms and conditions of the insurance policy since the driving licence carried by the first respondent was not genuine. This plea was accepted and recovery rights were granted in favour of the third respondent (insurer) against the second respondent (registered owner of the TSR).

(3.) By the appeal at hand, the claimant sought enhancement of the compensation.