SNEH PRASHAR,J. - (1.) - CM-5181-CII-2011 Learned counsel for the appellant contends that he had filed an application under Order 41, Rule 27 of the Code of Civil Procedure seeking permission to adduce additional evidence with regard to the fact that claimant-Krishan Singh (respondent No.1 herein) had received L 30,932/- and L 1,93,846/- on 26.03.2009 and 31.03.2009 respectively as reimbursement of the medical expenses incurred by him on his treatment of the injuries suffered during the accident. The said fact was put to the claimant on 13.08.2010 by the appellant when he appeared in the witness box during trial of the claim petition, but he denied that he had received reimbursement of medical expenses from his department. After the evidence of the appellant was closed by order of the Tribunal, the appellant received the required information sought under the Right to Information Act, 2005 from the employer of the claimant vide letter dated 15.10.2010 stating about reimbursement of the medical bills to the claimant. With the said facts in backdrop, he filed the instant application for adducing additional evidence along with his appeal. However, in his reply filed in the form of affidavit by the claimant, he has admitted receipt of payment of L 30,932/- and L 1,93,846/- on 26.03.2009 and 31.03.2009 from his employer. When the factum he wanted to prove by way of additional evidence has already been admitted by the claimant, there remains no necessity to lead additional evidence in respect of the same.
(2.) The reply in the shape of affidavit filed by the claimant is taken on record and in accordance with the submissions made by learned counsel for the appellant with regard to his application for additional evidence, the application is disposed of. FAO No. 1726 of 2011
(3.) Claimant-Krishan Singh had suffered injuries in a motor vehicular accident that took place on 12.08.2008 in the area of Bariwala, Tehsil and District Sri Muktsar Sahib on account of rash and negligent driving of Bolero vehicle bearing No.PB-15A-0056 (hereinafter referred to as "the offending vehicle") by its driver Dilbag Singh-respondent No.2. The claim petition filed by the claimant under Section 166 of the Motor Vehicles Act, 1988 claiming compensation from the driver, insurer and owner (impleaded in that sequence as respondents) of the offending vehicle was allowed by learned Tribunal and an amount of L 3,50,000/- along with interest at the rate of 7% per annum from the date of claim petition till actual payment, was awarded as compensation to him. The driver, insurer and owner (respondents No.1 to 3 in the claim petition) were held jointly and severally liable for payment of the compensation amount.;