NEW INDIA ASSURANCE Vs. MURLI MANOHAR SAXENA

JUDGEMENT

(1.) This is an appeal by the Insurance Company challenging an award of the Motor Accident Claims Tribunal/ XIth Additional District Judge, Agra dtd. 13/10/1992 passed in Motor Accident Claims Petition No.64 of 1992, allowing the claim.

(2.) According to the claimant-respondent No.1, Murli Manohar Saxena on the 4th of September, 1991 at half past ten in the morning hours, he was proceeding from Kamla Nagar to the Civil Court, Agra, riding pillion on Scooter, bearing registration No. UTM-8322, driven by his younger brother, Bhagwanji Saxena. The Scooter was moving on the left hand side of the road and had reached the Abbu Ullah Dargah Bypass Road when suddenly a Jeep, bearing registration No. UVJ-6096 appeared, driven negligently and at a high speed. The driver of the Jeep did not sound any horn and hit the Scooter, that the claimant- respondent No.1 (for short, 'the claimant') was riding. In consequence of the impact, the claimant and his brother fell down injured. They fainted. The Scooter was damaged. The claimant's right lower limb was fractured, and in addition, he sustained injuries to his brain and eyes, besides a number of other body parts. The claimant says that despite treatment, his right lower limb does not function normally. The claimant cannot move about conveniently. He has turned quite a handicapped man both physically and mentally. The claimant was an upcoming lawyer, who had a bright future. However, on account of the injuries sustained in the accident, his practice was adversely affected. Accordingly, the claimant demanded a compensation in the sum of Rs.10.00 lacs.

(3.) The Uttar Pradesh State Bridge Corporation Limited are the owners of the offending Jeep. They put in a written statement asserting that the claimant is not entitled to relief. The Uttar Pradesh State Bridge Corporation, who are arrayed as respondent No.2 to this appeal, shall hereinafter be called 'the owners'. The owners in their written statement further on said that the claimant has incorrectly shown his monthly income. He has not disclosed the particulars of the Scooter's insurance nor impleaded the Scooter's insurers as parties to the claim petition. According to the owners, on 4/9/1991, Jeep bearing registration No. UVJ-6096 was being driven by their driver Prithvi Singh, who was proceeding from the owners' office in Nehru Nagar to their work site at the Yamuna Bridge. He was driving the vehicle at a controlled speed. At the Abbu Ullah Dargah, a scooter, proceeding from the direction of the Bhagwan Talkies, overtook the offending Jeep and hit the claimant's Scooter, causing it to be thrown to the ground. The rider of the scooter did not sustain any injury nor was the Scooter damaged. The rider of the scooter, however, escaped. In the disarray, the Jeep driver, in order to save the claimant, jumped off the road into a kachcha pit by the roadside and proceeded on. Suddenly, a Scooter came on from the direction of Kamla Nagar and collided with the owners' Jeep. There was no collision, however, between the offending Jeep and the Scooter, the claimant was riding. Whatever compensation the claimant has sought, he is not entitled to.