RAKESH SONI Vs. KRISHAN LAL

JUDGEMENT

(1.) This judgment of mine will dispose of F.A.O. No. 399 of 1992 (Krishan Lal v. Rakesh Soni and Anr.) and F.A.O. No. 537 of 1992 (Rakesh Soni and Anr. v. Krishan Lal) as the same have arisen out of common award of the Motor Accident Claims Tribunal, Chandigarh. The F.A.O. No. 399 of 1992 has been filed by the claimant for the enhancement of the compensation whereas F.A.O. No. 537 of 1992 has been filed for setting aside the award on the ground that the liability to pay compensation on the appellants has been wrongly fastened as on the date of accident i.e. 5.12.1988, Vinod Soni, who is alleged to have caused the accident, was admitted in a hospital at Srinagar. The other plea is that the identity of the vehicle has not been established.

(2.) Brief facts of the case are that Krishan Lal had filed a claim petition under Section 110-A of the Motor Vehicles Act, seeking compensation of Rs. 2,00,000/- on account of injuries and permanent disability suffered by him in a road accident which took place at about 7.30 p.m. on 5.12.1988 on the road dividing Sector 7-8 near Petrol Pump, Sector 7-C, Chandigarh. The driver of the offending vehicle had denied the involvement of the vehicle No. CHM-53 in the accident.

(3.) The Tribunal had returned a categoric finding that the claimant had sustained injuries due to rash and negligent driving of driver of Car No. CHM 53 and awarded a total compensation of Rs. 35,000/-. The Tribunal had awarded a sum of Rs. 20,000/- on account of injuries; another sum of Rs. 10,000/- for pain and suffering and Rs. 5,000/- for the loss of income.