LT COL ANOOP MALHOTRA Vs. CHHATAR SINGH

JUDGEMENT

(1.) Arguments were heard on 17.7.2013.

(2.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation filed by the injured-appellant against the award dated 2.2.1999 passed by the Motor Accidents Claims Tribunal, Kotputli (hereinafter referred to as 'the Tribunal') in the Claim Petition No. 117 of 1995, Lt. Col. Anoop Malhotra v. Chhatar Singh, whereby the Tribunal while partly allowing the claim of the claimant-appellant has awarded total compensation of Rs. 3,25,000 under various heads with 12 per cent interest from the date of filing of the claim petition.

(3.) Briefly stated, the facts of the case are that the injured-appellant who was Lt. Col. in the Indian Army on 19.7.1994 had filed a claim petition before the Tribunal with the averments that he was going by his car No. RRX 613 from Jaipur to Noida. He himself was driving the said car and when he reached opposite Lok Vikas Bank, Kotputli on National Highway 8, a tanker No. DL 1-GA 3075 coming from Delhi side driven rashly and negligently by its driver collided with the car with the result he sustained 7 injuries on his body and the said car was also damaged. Further averments made by the claimant in the claim petition were that at the time of accident, he was 39 years of age, was posted as Lt. Colonel in regular Army and was getting Rs. 11,094 per month as salary with other perks. As such, the claimant-appellant filed the claim petition claiming total claim of Rs. 53,86,255 as compensation from the driver/owner and the insurer of the offending vehicle/aforesaid tanker.