ROSHAN LAL Vs. JAIPUR UDHYOG LIMITED

JUDGEMENT

(1.) The present appeal is directed against the award dated April 30,1981 passed by Mr. H.P. Bagchi, Judge, Motor Accident Claims Tribunal (1), Delhi.

(2.) The appellants-Roshan Lal and Sardari Lal filed two petitions under Section 110-A of the Motor Vehicles Act against the respondents for recovery of compensation for the injuries sustained by them in a motor vehicle accident, alleged to have taken place on February 22, 1971 at about 7.35 p.m. on the road going from Rajpur Road towards Malka Ganj, Delhi. 11 is alleged that the accident took place on account of rash and negligent driving of car No. DLK 8890 on the part of Mohan Singh, Respondent No. 3. The said car was stated to have been owned by respondent No.1 M/s. Jaipur Udyog Ltd. and Suresh Chand Singal, respondent No. 2 in this appeal. The vehicle was insured with respondent No. 4, Universal Fire and General Insurance Co. Ltd. The appellant-Roshan Lal in Suit No. 353/71 preferred a claim for the sum of Rs. 2 lakhs.

(3.) The relevant facts are that the appellant-Roshan Lal was driving Lambretta scooter No. DLX9449 from Rajindera Market towards his residence with Sardari Lal sitting on the pillion seat. They were going at normal pace on the correct side on Chauburja Road going from Rajpur Road towards Malka Ganj via Pahari when the offending car No. DLK8890 driven by Mohan Singh, respondent No. 3 came from the opposite side from upward side to downward side towards Municipal Corporation office and first knocked down the three wheeler Scooter No. DLK3966 and thereafter dashed into two wheeler scooter driven by appellant Roshan Lal with Sardari Lal as pillion rider, which resulted in injuries to both of them as well as damage to the scooter. It was alleged that the above mentioned accident was caused by the rash and negligent driving of respondent No. 3 who was driving at an excessive speed. The said respondent, it was alleged, was driving the vehicle in the course of his employment with respondent No. 1 and respondent No. 2 as per the allegations made in the petition before the Tribunal. The appellant suffered extreme pain and agony as a result of the injuries suffered by him in the accident. He was still under treatment at the time of filing the petition and could hardly move a little and could not attend his duties. He was doing mainly the work of supply of different items to Government Departments and this work needed constant and regular follow-up, which was being done by the appellant and in view of his confinement his work suffered a lot and adversely affected his income. The leg of the appellant had become short by 3/8 inch and he was held to be suffering from a permanent disability. The scooter was damaged in the accident and a sum of Rs. 1500.00 had to be spent for effecting necessary repairs. The appellant, it was contended, further suffered monetary loss to the extent of Rs. 50,000.00 as a result of this accident, in view of the loss of income in his business. He was also entitled to claim compensation for pain and sufferings, for loss of health, for expenses on the treatment, for loss in business, for permanent disability etc. Sardari Lal who was pillion rider raised his claim for award of compensation for Rs. 80,000.00 on account of the loss he suffered as a result of injuries.