VIRAT SAMA Vs. MOHAN LAL

JUDGEMENT

(1.) THE Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as he Tribunal) vide its award dated 23. 8. 1986 had awarded a sum of Rs. 7500/- as compensation under Section 92-a of the Motor Vehicles Act for no fault liability to the claimant on account of the injuries sustained by him in a road accident alleged to have taken place on 15. 10. 1982 though the Tribunal had held that the total loss suffered by the claimant comes to Rs. 68,000/ -. The reason for declining the compensation is that the plea of negligence was not taken in the claim petition originally filed by the claimant.

(2.) AGGRIEVED against this award the appellant has filed this appeal.

(3.) THE learned counsel for the appellant has argued that the claimant had filed civil Revision no. 1312 of 1985 for amendment of the claim petition which was allowed by this court vide its order dated August 19, 1985. The learned Counsel further contends that the Tribunal had not taken into consideration the amended claim petition and had awarded the compensation on the basis of original claim petition.