S JASWANTSINGH Vs. P N HANDA

JUDGEMENT

(1.) This appeal is filed by owner-driver Jaswant Singh. and the Insurance Company jointly against the respondent who was the victim of the road accident in the following circtimstances.

(2.) On 13-10-1976 at about 1.40 P.M., the respondent was going on his scooter DHO-4 from his office at Asaf Ali Road at a slow speed and on the correct side of the road. When be reached in front of the office of Voltas at Asaf Ali Road, appellant No. 1, owner-driver of tempo No. DHG-7002 while driving his tempo on the wrong side in arash, negligent and reckless manner at a fast speed struck the front portion of the tempo against the scooter of the respondent. He did not even care to blow horn at that time. As a result of the severe and violent impact, his scooter fell on the left side of the road causing serious injuries to-the respondent, Both the bones of his left leg below the knee joint were broken and crushed. There was also a fracture on the left ankle joint. The tempo could be stopped ai a considerable distance from the place of the accident by a crowd of people when appellant No. 1 tried to run away from the scene. He was also compelled to take the injured to Hospital. The respondent remained admitted in the hospital as an indoor patient from 13-10-76 to 16-10-77 and the X-rays indicated fracture asstated above. After recording evidence of both sides the Tribunal came to the conclusion that the accident was caused due to rash and negligent driving of the tempo by appellant No. 1. In conclusion the Tribunal awarded Rs. 54,600.00 as compensation to the respondent. Out of this amount the liability of the Insurance Company was held to the extent of Rs. 50,000.00 . The appellants were directed to deposit the awarded amount within two months from the date of the award i.e. 26-7-78 failing which they were liable to pay interest at the rate of 6% per annum from the date of the award till the date of realisation.

(3.) The grant of award in favour of the respondent has been challenged on a number of grounds. Respondent also filed cross-objections claiming enhancement of the, amount of award to Rs. Two lacs with costs and interest.