SH. LALIT MOHAN Vs. SH. KULVINDER SINGH

JUDGEMENT

(1.) THE present appeal arises out of the award of compensation passed by the Learned Motor Accident Claim Tribunal on 8th March 1999 whereby the learned Tribunal awarded compensation of Rs. 42,000/ - for the injuries and damage caused to the injured claimant in person and property respectively along with interest @ 12% per annum.

(2.) THE brief facts of the case are stated as under: Injured appellant, Sh. Lalit Mohan, aged about 25 yrs at the time of the accident on 16/1/1986, was driving his two -wheeler scooter bearing license plate No. DHM -790. One Sh. Om Prakash Sharma accompanied him in Pillion seat and they were going to Tri Nagar, from Karol Bagh and when they reached near block No. 60, Ramjas Road, a car bearing registration No. DHD 9572 came at a fast speed from the opposite direction and rammed into the scooter. The occupants of the scooter fell down and received serious injuries. The claimant appellant received grievous injuries and was removed to Ram Manohar Lohia Hospital for necessary treatment. The appellant was admitted in the hospital from 16th January 1986 to 25th February 1986 and underwent two different medical procedures for the treatment of the fractured leg bone and kneecap.

(3.) IT is further submitted by the counsel for the Appellant that the entire award amount has already been recovered by the claimant appellant from the respondents Nos. 1&2 i.e. the owner and the driver, and he has sought that the insurance company of the vehicle involved in the case should be ordered to pay the enhanced compensation award. It is worth to mention that learned Tribunal held that there was no privity of contract between the owner and the Insurance Company as the insurance policy was found to be validly cancelled by the insurance company on account of premium having not been paid.