GOP RAMCHANDANI Vs. ONKAR SINGH

JUDGEMENT

(1.) THESE three appeals arise out of a common order dated 31.12.1990 passed by the Judge, Motor Accidents Claims Tribunal, Jaipur and, therefore, are being disposed of by this common judgment.

(2.) THE facts as mentioned in the memo of appeal are that on 17.11.1985 at about 5 p.m., Dr. Gop Ramchandani (claimant) was going to S.M.S. Hospital, Jaipur, for his duty, on the scooter. A car bearing registration No. RST 364 owned by Manju, which was insured with the New India Assurance Co. Ltd., Jaipur and which was being driven rashly and negligently by Onkar Singh s/o Dool Singh, hit the scooter of the claimant. He was dragged for about 25 feet which resulted in serious injuries on different parts of his body, with the result that the left leg of the claimant had to be amputated. The claimant filed a claim petition before the Motor Accidents Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal'), claiming a sum of Rs. 12,80,000/ - as compensation. Since, according to Manju, she had transferred the vehicle to Yogendra Singh, he was also impleaded as a party. After hearing the parties, the Tribunal framed the following issues: .........[vernacular ommited text]...........

(3.) MANJU has preferred S.B. Civil Misc. Appeal No. 262 of 1991 wherein she has asserted that since she had sold the vehicle to Yogendra Singh, she could not be held responsible and should not be asked to pay compensation on account of the accident, whereas Dr. Gop Ramchandani has filed S.B. Civil Misc. Appeal No. 267 of 1991, praying that the Tribunal has seriously erred in awarding a very paltry sum of compensation and he has prayed that he should be awarded compensation to the tune of Rs. 12,80,000/ -.