UNION OF INDIA Vs. CHEMAN LAL

JUDGEMENT

(1.) This appeal is directed against a judgment dated 14-1-93 passed by the learned Motor Accident Claims Tribunal, Jammu in Claim Petition No. 243 of 1988; Cheman Lal v. Union of India whereby an award of Rs. 52,500 /- with interest @ 12% per annum has been passed against the appellants herein, in favour of the respondent Cheman Lal. The claim petition arose out of an accident which occurred on 29-6-88 at a place called Phongi Morh, 17 KMs away from Akhnoor on Akhnoor-Nowshera road while the respondent, who was an employee of the Military Engineering service was travelling in vehicle No. ZD-60885 belonging to Unit-862EWS c/o 56 APO. The allegation of the respondents in the claim petition was that the accident occurred because of rashness and negligence on the part of driver Kali Ram driving the aforesaid army vehicle and that as a result of this accident, whereas one other person died, the respondent sustained some serious injuries. The appellants herein controverted the allegation of the respondent regarding the rashness and negligence of the driver in causing the accident. They also denied liability to pay any compensation.

(2.) On the pleadings of the parties, the following three issues were framed by the Tribunal vide its order dated 8-1-1990 :- "1. Whether on 29-6-88 at distance of 17 KM from Akhnoor towards Rajouri on the Akhnoor-Rajouri road respondent No. 3 while driving army vehicle No. 7060885 owned by respondent No. 1, rashly and negligently caused accident resulting into injuries which caused permanent disablement to both the legs of the petitioner? OPP2. In case issue No. 1 is proved in affirmative, what amount of compensation the petitioner is entitled to get and from whom? OPP.3. Relief ?"

(3.) Since one person had died in this accident who was also travelling in the same vehicle. His legal representatives had filed claim petition entitled Shanti Devi v. Union of India out of which CIMA No. 165 / 91 was filed in this Court, because in that case also, the Tribunal had passed an award against the appellant on 17-9-1991.