LAWS(SC)-2012-2-143

GURDEEP SINGH Vs. BHIM SINGH AND ORS.

Decided On February 29, 2012
GURDEEP SINGH Appellant
V/S
Bhim Singh And Ors. Respondents

JUDGEMENT

(1.) Leave granted. Appellant was Claimant before the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as 'Claims Tribunal') in Claim Petition No. 134 of 20.2.1995/30.7.1997, claiming compensation against the Respondents on account of injuries said to have been suffered by him in a motor road accident that had taken place on the intervening night of 28th and 29th September, 1994, near Hansi.

(2.) According to Appellant, he was travelling in a bus bearing Registration No. DL-1-P-1521, belonging to Respondent No. 4 M/s Kataria Tours and Travellers, driven by Respondent No. 5. He was proceeding from Sri Ganganagar to Delhi in the said bus driven by Amar Singh. When the bus reached at some distance, ahead of Hansi at about 2.30 A.M., a bus of Haryana Roadways, driven by Respondent No. 1 Bhim Singh, was going ahead of the bus at high speed. The Driver of the bus in which the Appellant was travelling, was also driving the bus at high speed, in a rash and negligent manner. All passengers of the bus had requested the driver to drive it slowly and cautiously, but their requests were of no avail. The driver of Haryana Roadways applied the brakes all of a sudden probably with an intention to save an animal (Neel Gai) which was crossing the road at night. On account of it, there was a collision between the two buses.

(3.) In the said road accident, the Appellant suffered multiple grievous injuries. He was immediately taken to a nearby hospital for treatment and from where, he was referred to Kolmet Hospital and Medical Research Centre, Pusa Road, New Delhi for further treatment. Two-three operations were performed on the person of the Appellant on account of the multiple injuries said to have been suffered by him in the said road accident. According to him, he had already spent more than Rs.2 lacs for his treatment.