TOTA RAM Vs. BALVINDER SINGH

JUDGEMENT

(1.) APPELLANT Tota Ram has filed this appeal against Balvinder Singh (driver), Gagandeep (owner) and M/s Reliance General Insurance Company (Insurer) respondents, challenging the impugned Award dated 01.09.2011 passed by learned Motor Accident Claims Tribunal, Palwal (hereinafter referred to as 'Tribunal'), for enhancement of the compensation.

(2.) THE brief facts of the case are that appellant -claimant Tota Ram filed claim petition against Balvinder Singh, driver of truck bearing registration No.HR -65 -1718 (offending vehicle), Gagandeep - owner and M/s Reliance General Insurance Company, Insurer of the offending vehicle, under Section 166 of the Motor Vehicles Act. It is stated in the claim petition that on 17.04.2008, he sustained injuries in a motor vehicular accident caused by Balvinder Singh respondentdriver, who was driving the offending truck bearing registration No.HR - 65 -1718, in a rash and negligent manner. Respondents, Gagandeep is owner and M/s Reliance General Insurance Company is insurer of the offending vehicle and all the above respondents are liable to pay the compensation. The age of the claimant, as stated in the claim petition was 60 years at that time. It is also stated in the claim petition that appellant -claimant received multiple fractures and ultimately his both legs were amputated during treatment.

(3.) BOTH the parties produced evidence and learned Tribunal granted the compensation of '3.25 lacs and held the respondents jointly and severally liable to pay the same along with interest @ 6% per annum. It is also held in the Award that respondent No.3 would be entitled to recover the amount paid by it to the claimant -appellant from respondents No.1 and 2 by filing execution petition.