DIKCHA Vs. JAMALUDDIN

JUDGEMENT

(1.) Mr. H.S. Rajpal, the learned counsel for the appellant; none for respondent Nos. 1 and 2 though served and Mr. S.V. Dandwate, learned counsel for respondent No. 3.

(2.) They are heard on LA. No. 4490 of 2002. This application was filed for dis- pensing with filing of the vakalatnama. Learned counsel for the appellant submits that after filing of the application, he has filed the vakalatnama on behalf of the appellant, therefore, this application has been rendered infructuous. The same is accordingly disposed of and stands closed.

(3.) With consent arguments heard. This appeal for the enhancement has been filed by the appellant Dikcha, who met with a road accident on 12.1.1998. The learned Tribunal after analysing the evidence on record has awarded a sum of Rs. 2,70,522 on all heads relating to the pecuniary and non-pecuniary losses. The Tribunal also found that respondent No. 2 was responsible for causing the accident on the Ujjain Dewas State Highway on account of his rash and negligent driving. At the time of accident, the offending vehicle belonged to respondent No. 1 and the same was in sured with respondent No. 3. The Tribunal found all the respondents liable to pay the compensation jointly and severally.