R.K. Gauba, J. - (1.) The appellant was commissioned in Indian Army in 1982. On 25.10.1983, when he was serving in the rank of second lieutenant, he was deputed to participate in 4th Himalayan Car Rally as member of the service team for 33 Mechanised Division. He was, thus, present in the army vehicle make Jonga 4 x 4 BA 83B 21636 driven by Captain P S Grewal. The passengers in the said vehicle included two army jawans and another officer lieutenant Pradeep Joshi and the appellant. During the said journey, the vehicle slipped into a 50 meter deep gorge near Ranikhet. As a result of this accident, two jawans died on the spot besides injuries to others. The appellant suffered extensive injuries and was rendered unconscious. He received treatment in army hospital facilities. Though he survived, he was rendered paraplegic and eventually boarded out, as medically unfit (100% disabled) from army service on 23.06.1984.
(2.) The father of the appellant pursued the matter of compensation and damages initially with the army authorities and later by a civil suit registered as Civil (OS) No. 1070/98 filed for damages in this Court. The suit was dismissed as time barred by a learned Single Judge by judgment dated 23.05.2000. An appeal was preferred, registered as RFA(OS) No. 48/2000, which was also disposed of on 01.04.2008 on the basis of submissions on the part of the appellant that he had been advised to instead pursue the matter under Sec. 166 of Motor Vehicles Act, 1988 ("MV Act"). Thus, a claim petition was preferred before Motor Accident Claims Tribunal ("the Tribunal") at New Delhi on 01.05.2008, registered as suit No. 457/2008. The Union of India was impleaded as the sixth respondent, besides other authorities and individuals.
(3.) The Tribunal accepted the evidence that the appellant had suffered injuries and had been rendered disabled to the extent of 100%, on account of the motor vehicular accident that had occurred on 25.10.1983 involving the army vehicle. It also accepted the evidence that, inter alia, on the basis of the opinion of the medical boards constituted by the army authorities, he was discharged from army service prematurely in 1984. The opinion that his disability is to the extent of 100%, rendering him in vegetative state was affirmed over and over again by several medical boards, the last being the one constituted on 21.09.1999.;