MANDEEP GULERIA Vs. PRITHI SINGH

JUDGEMENT

(1.) -Since common questions of law and facts are involved in these F.A.Os., the same were taken up together for hearing and are being decided by a common judgment. F.A.O. No. 130 of 2004 with Cross- Objections No. 248 of 2004:

(2.) Brief facts necessary for the adjudication of this appeal and cross-objection are that when the appellant along with his parents and sister was proceeding to his native place in village Behil on a scooter on 9.8.2001, a Tempo Trax came from the opposite side and hit scooter on extreme left side of the road. The appellant and other members of his family fell down. The accident resulted in multiple injuries on the face of the appellant resulting in extraction of two frontal teeth, fracture of jaw, fracture in left arm and lacerated wound on the occipital region of skull and pressing of vital organs like kidney, liver, etc. A sum of Rs. 50,000 is claimed to have been spent on medicines. Respondent No. 1 (owner) and respondent No. 2 (driver) filed joint reply to the claim petition. Insurance company, respondent No. 3, took a plea that respondent No. 2 was not holding a valid driving licence at the time of accident. The learned Motor Accidents Claims Tribunal on the basis of evidence led by the parties awarded a sum of Rs. 9,071 to appellant as compensation for simple and grievous injuries suffered by him in motor vehicle accident. The other finding recorded by the Motor Accidents Claims Tribunal is that respondent No. 2 was not possessing valid and effective driving licence to drive Tempo Trax at the time of accident, as such respondent Nos. 1 and 2 were ordered to pay the compensation jointly and severally. The present F.A.O. has been filed for the enhancement of compensation.

(3.) The case set out in the cross-objection is that the finding recorded by the learned Motor Accidents Claims Tribunal that respondent No. 2 was not holding a valid and effective driving licence is liable to be set aside. F.A.O. No. 131 of 2004 with Cross- Objections No. 249 of 2004: