GURMINDER SINGH Vs. RAJNI KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by Ravinder Pal Singh, owner of Tempo No. HNE 9770 and Gur-minder Singh, driver of Tempo No. HNE 9770 against the award of compensation on a claim petition filed by Dr. Rajni for injuries suffered by her in an accident on 28.1.1990 caused on account of rash and negligent driving of the appellant driver.

(2.) CASE of the claimant was that she along with her husband Dr. Hemant Kumar and her father-in-law G.D. Kathapalia was travelling in a Maruti van No. DNB 5515. In the accident, she suffered injuries while her father-in-law died. Claim compensation arising out of death of G.D. Kathapalia was separate and is not subject matter of appeal before this court. The Claims Tribunal allowed the claim of Dr. Rajni to the extent of Rs. 1,90,000 being 2/3rd of about Rs. 2,92,000 which was assessed to be 60 per cent of loss of income. It was found that the claimant suffered 60 per cent disability in the leg.

(3.) THE claimant has also filed cross- objections to claim that the entire amount of loss assessed on account of the injuries received by the claimant, should have been awarded irrespective of composite negligence by the husband of the claimant. THE claimant could, in law claim compensation from either of the joint tortfeasors or who may be responsible for composite negligence. He submitted that the finding of the Tribunal on the issue of negligence was correct and the claimant was entitled to the compensation assessed by the Tribunal, if claim for further enhancement was not acceptable.