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 the M/s Premier Insurance Co. Ltd. which is no more in existence after the nationalization 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/- as compensation. The injured/claimant was 46 years old at the time of accident and his income was Rs. 225/- per month. 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.) THE evidence of Dr. T.R. Chadha is strongly attacked by the counsel for the appellant. It is stated that Dr. Chadha was only a Homeopathic doctor and was not working in Willingdon Hospital at all. It was also stated that he has exaggerated the ailments from which the injured was suffering. It was also stated that PW-11 who had brought the record of the Willingdon Hospital had not stated that Dr. Chadha was working in Willingdon Hospital at the relevant time. However, no such question has been put to Dr. Chadha in the cross-examination. Even his diagnosis and state of injury of the claimant is not challenged in the cross-examination. Even if the evidence of Dr. Chadha is ignored for the time being, evidence of Dr. K.N. Jain of Willingdon Hospital is quite convincing and would show the seriousness of injuries received by the injured claimant. From the nature of injuries described by him, it is possible that due to trauma the petitioner had lost his normal mental composure and also had his leg permanently infirmed.