JAI SINGH Vs. GARHWAL MOTOR OWNERS

JUDGEMENT

(1.) This is a plaintiff's -second appeal in a suit for recovery, of Rs. 7,500/- as damages arising from the personal injury caused to him by a motor accident which occurred on 15th Jan., 1950. The most tragic part of this tragic story is the fact that the suit giving rise to the second appeal, filed by the plaintiff in the year 1951 in the Court of the Senior Civil Judge, Garhwal has taken more than 30 years to come up for final decision. The delay has not been caused by any fault of the parties in this case. The process of our Courts has been entirely responsible for the delay.

(2.) The plaintiff was posted as an Assistant Engineer in the Irrigation Department of the Government of Uttar Pradesh in Garhwal, when on 15th Jan., 1950 he was travelling from Rudra Prayag to Srinagar (Garhwal) with his staff by a motor bus owned by defendant-respondent 2, who has since died and is now represented by his heirs and legal representatives, which was operating under the control and management of defendant-respondent 1, which is a Union of the Motor Operators of Garhwal and registered under the Companies Act. The third defendant-respondent was the Insurance Company with which the Bus was supposed to have been insured by defendant-respondent 2 against third party risks. The finding is that the insurance policy, though issued, was not operative because the premium had not been paid. I am unable to understand how the policy was issued without the payment of the premium, but the Insurance Company is not represented in this Court. It would appear that it ceased to carry on business long ago.

(3.) There is no dispute that the accident occurred. The findings are that the accident occurred on account of the breaking down of the spindle of the left front wheel of the bus. The plaintiff-suffered a compound fracture of the numerous of his left arm and remained hospitalised for almost a year. His claim for recovery of damages in the sum of Rs. 5,195/- has been found to be proved by both the Courts below. But while the Court of the Civil Judge Tehri at Kotdwara, decreed the suit, on 4th March, 1954 for recovery of the said sum of Rs. 5,195/- plus proportionate costs amounting to Rs. 1,319/- out of Rs. 1,500/-, and future and pendente lite interest at 3 per cent per annum, the Court of the 1st Additional District Judge, Allahabad, to which the first appeal preferred from that decree by the Garhwal Motor Owners Union and Bahadur Singh Bist, the deceased owner of the bus, in this Court, stood transferred dismissed the suit by judgment dated 5th Nov., 1965.