UNION OF INDIA Vs. JIA LAL

JUDGEMENT

(1.) MR . Jia Lal -claimant (now deceased) on 09.07.2010 at Dogra Kud near GREF Camp suffered disablement in view of road traffic accident caused by offending vehicle No. 02E70122X (Tipper) which was rashly and negligently driven by Pawan Chand. Claim petition was filed by the claimant as against the appellants being respectively the owner and the driver of the offending vehicle. On the basis of respective pleadings, issues were framed. Same are quoted hereinbelow:

(2.) Issue No. 2: While examining the evidence as is available on the records, the findings recorded by the Tribunal are in accordance with the law, suffice it to say that claimant had been examined by the Board of Doctors on 26.05.2011 who have opined that the disability of 50 per cent suffered by the claimant is directly related to the injuries suffered in the vehicular accident. Learned Tribunal has rightly placed reliance on the judgment rendered by the hon'ble Apex Court in the case of Raj Kumar v. Kumar and another : (2011) ACJI : [2011 (1) ALL MR. 402 (S.C.)] and another judgement Sarla Verma vs. Delhi State Transport Corporation and another reported in : 2009 (3) Supreme 487: [2009 (4) ALL MR. 429 (S.C.)]. The amount of compensation as has been worked out after taking into account the age of the claimant, his earning capacity then appropriate multiplier has been applied, the compensation amounting to Rs. 7,88,000/ - has been worked out on solid basis, so does not call for any interference.

(3.) Issue No. 3: The appellants have not been able before the Tribunal to discharge the onus, again in this Court while taking the evidence into consideration; nothing appears there to persuade the court that the appellants are absolved from the liability of payment of compensation. Therefore, issue has been rightly decided against the appellants.