DINANATH Vs. DES RAJ

JUDGEMENT

(1.) This appeal is filed by Dina Nath, the owner of offending vehicle No. DLG 9246 which caused multiple injuries to the petitioner Des Raj (here respondent No. (1) in an accident caused on 16th December, 1968 on Najafgarh Road. Appellant No. 2 is Premier Insurance Co. Ltd. which is no more in existence after the nationalisation of the insurance companies.

(2.) The Tribunal held that the accident was caused due to rash and negligent driving by the said truck No. DLG 9246 and awarded a sum of Rs. 32,000.00 as compensation. The injured/claimant was 46 years old at the time of accident and his income was Rs. 225.00 p.m. He was working with one Modern Electrical Manufacturing Corporation. It is an admitted fact that after the accident, he was not taken up on duty by the manufacturer.

(3.) After the accident the injured-claimant was taken up to Willingdon Hospital in an unconscious state. Dr. K.N. Jain, who attended on him, had found that he was bleeding from his left ear and nostrils and had a wound in the skull region. He had also a fracture of right clavicle and compound fracture of both bones of left leg. He was discharged from the hospital on 6th January, 1969. According to the claimant after the discharge from Willingdon Hospital he went to Meerut and continued the treatment there for about eight months. On his return from Meerut. he started the treatment from Orthopaedic Department of Tirath Ram Hospital. He claimed that even after six or seven years he is not completely cured. He had lot of difficulties in standing and doing other activities. He had developed abnormal behaviour also. One Dr. T.R. Chadha, who had allegedly examined the claimant in Willingdon Hospital on 20th December, 1968, said that the injured was under plaster and practically unconscious. After five/six months he again examined him and he found that apart from the physical infirmities of vertigo and shortening of leg he has suffered in his mental abilities and has become schizophrenic.