UNITED INDIA INSURANCE COMPANY Vs. SURJIT SINGH

JUDGEMENT

(1.) This appeal has been filed against an Award dated 31st October, 1979 by the Tribunal in favour of the respondent in the sum of Rs. 45,684.00 . Appellants were allowed 60 days to make the payment failing which the respondent would have become entitled to interest at the rate of 6% per annum. The respondent also filed cross-objections registered as C.M. No. 2195/80 praying that the amount of the Award should be enhanced to Rs. One lac at least with costs and future interest.

(2.) The facts leading to the filing of the present claim are that on 30.3-1971 at about 11-30 A.M. the respondent was crossing Najafgarh Road on cycle for going towards Bali Bazar. When he bad crossed more than 3/4th of the road, the offending truck No. DLL 5785 driven rashly, recklessly and negligently by appellant No. 4 came from Zakhira side and after going on wrong side, hit with its front left the rear portion of the cycle on which the respondent was going. As a result of the impact the cycle fell in front of the truck and the respondent fell down towards the left in between the two front wheels of the thick. Its rear wheel passed over the back of the respondent.

(3.) I have heard Mr. P.K. Seth, learned counsel for the appellants. None has appeared on behalf of the respondent in this appeal and in support of the cross-objections. In fact, arguments of Mr. P.K. Seth were heard on 22-9-89 also but I had kept this matter on the board hoping that somebody may appear in this matter in this week. But none has appeared.