UNION COOPERATIVE INSURANCE SOCIETY LIMITED Vs. RAMA NAND

JUDGEMENT

(1.) This order will dispose of two appeals, one (FAO 3 of 1970) filed by the Insurance Company, and the other (FAO 6 of 1970) filed by Rama Nand, claimant, and both arise out of the award of the Motor Accidents Claims Tribunal, dated 9th June, 1969 by which it has awarded a compensation of Rs. 7,622.00 to the contesting respondent against the Insurance Company and the owner and driver of the vehicle.

(2.) The material facts of the case are that the claimant, Rama Nand, was a police constable, who on the material date, i.e. 22nd June, 1965, was riding a cycle proceeding from Tis Hazari Courts towards old Police Lines and when after giving a hand- signal to enter the Police Lines Gate on Rajpur Road, the claimant was near the gate and the front wheel of the cycle was on the foot-path and the rear on the road, the offending scooter came at a fast speed and caused the accident. The offending scooter, DLZ 8642, (driven by Obinder Singh,) struck the cycle against its rear wheel, as a result of which Rama Nand, claimant, received injuries. After the first aid, he was taken to the Irwin Hospital where an operation was performed on 24th June, 1965 and he was discharged on 7th July, 1965. Thereafter he still felt pain on the left hip joint and on 13th October, 1966 a second operation was performed and he was finally discharged on 27th October, 1966 In the opinion of the Doctor he had suffered permanent disability by slight shortening of his leg on account of the accident as a result of which he was given clerical duties in the police establishment.

(3.) On 19th August, 1965 the contesting respondent filed a claim before the Motor Accidents Claims Tribunal and claimed a sum of Rs. 20,000.00 on account of damages for rash and negligent act of the driver of the scooter resulting in the injury and permanent disability. The Insurance Company, the owner and the driver of the vehicle filed the written statements contesting the allegations of the claimant and in particular the main defence raised was of contributory negligence on the part of the injured. It is significant that neither the appellant Company, nor the other contestants viz, the owner and driver of the vehicle produced any evidence. Even the driver who was involved in the accident was not examined, however, he had been prosecuted and convicted and bound down for a period of three months. The court below after appraising the evidence produced in the file came to the conclusion that the accident occurred due to rash and negligent driving of the scooter by the alleged driver and there was no contributory negligence on the part of the injured. It, therefore, awarded a sum of Rs. 7,622.00 as damages. The award was, however, made against the Insurance Company, owner and driver of the vehicle jointly and severally. Feeling aggrieved, the Insurance Company has filed this appeal for reversal of the judgment. Rama Nand, claimant, has also filed an appeal for enhancement of the compensation. Nobody has appeared on behalf of Rama Nand, claimant, either in the appeal of the Insurance Company or in his cross-appeal.