PARMINDER SINGH Vs. NEW INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) In the appealable award of 25.01.2013 delivered by the Motor Accident Claims Tribunal, Panchkula, the claimant/petitioner secured compensation assessed at Rs.10,43,666/- for the injuries* [see foot note (para 15): loss of "other gains which the plaintiff would have made had he not been injured"] suffered by him as a result of the motor accident which befell on 29.03.2009. The claimant/petitioner filed an appeal for enhancement to this Court by way of presenting FAO No.10473 of 2014 and the compensation was enhanced on 20.9.2017 and the order of the MACT, Panchkula was modified awarding a total sum of Rs.21,06,000/- less already paid.

(2.) Feeling still aggrieved, the petitioner approached the Supreme Court by filing SLP (Civil) No.23153 of 2019 in which leave was granted and the petition was converted into Civil Appeal No.5123 of 2019. The Supreme Court by its final judgment and order dated 1.07.2019 have enhanced the compensation awarding amounts under different heads tabulated in Para. 6 of the award which reads as follows:

(3.) The Supreme Court affirmed the ruling of this Court in appeal absolving the Insurance Company of liability to bear the brunt of compensation, as evidence was called for and produced from the office of the Regional Transport Office to prove that the drivers of the two offending trucks, who were at the time of the accident driving those vehicles without valid driving licenses. The Supreme Court noted that the owners and the drivers of the offending trucks had not appeared at any stage of the proceedings including before the Supreme Court. The operative part of the order of the Supreme Court in Para 7.2, while allowing the appeal, reads as follows: