NATIONAL INSURANCE COMPANY LTD Vs. VERSUS JAGDISH BHATI

JUDGEMENT

(1.) ON 3-7-1992 at about 9. 15 morning Jagdish Bhati was on duty at the main gate of Medical College Meerut. At about 10 a. m. along with Vinod Kumar Chauhan Head Constable sitting behind on Scooter No. D. D. K. 5565 followed the criminals. The Ambassadar Car No. U. M. Q. 2822 coming from behind pushed the Scooter as a result of which, Scooter dashed with fiat car No. UJA 9002 Doming from front, consequently Jagdish Swaroop Bhati sustained grievous injuries with the fracture of the leg and the victim became unconscious. Vinod Kumar Head Con stable got Jagdish Bhati admitted in Medi cal College and lodged report in Medical College but correct facts were not men tioned. In the said occurrence there was fracture of the leg of Jagdish Bhati, opera tion was got done and thereafter Jagdish Bhati got himself treated at Rajaram Nursing Home Meerut and the treatment lingered on for number of days.

(2.) SRI Jagdish Bhati preferred a claim petition under Section 140 and 166 of Motor Vehicles Act against SRI Vinod Kumar Singh Chauhan Head Constable SRI Baldhari Singh, SRI Ramsaran. and Na tional Insurance Company Limited for the award of the following compensation: (1) Compensation for having become disabled person. 400000 (2) Damages for Physical and mental pain. 400000 (3) Expenses of Medical treatment 70, 000 (4) As expenditure for future 50, 000 Total 19, 20, 000 3. The defendants contested the peti tion upon the pleadings of the parties the Motor Accidents Claim Tribunal (to be referred to as Tribunal for sake of con venience) framed the following issues for disposal of the petition. 1. Whether on 3-7-1992 at 9'o clock morning the accident took place on ac count of the rash and negligent driving of the drriver of Vehicle No. UMQ 2822 in-front the Medical College Meerut at the medicine crossing? 2. Whether in the said accident the petitioner Jagdish Bhati sustained in juries.

(3.) ON detailed consideration of the evidence led by the parties in connection of with issue No. 3 the finding as a result of the evaluation of the evidence is "it is also the contention of the petitioner that his treatment is going on uptill now and he has been operated 7 times the bone of his leg has rotten and there a gap of 4 inches in the midspace of the bones. The pus forma tion of the leg has not stopped. According to the opinion of the Doctor his leg has not been cured completely and the gap in the bones is permanent. In this connection have seen the X-ray which indicates that there is gap in his leg. In fact on account of the injuries sustained at the accident. The petitioner can not ordinarily walk nor would be able to walk and he has to take recourse to artificial appliances for walk ing and has become incapacitated to per form touring duties and can not perform the duties in respect of running etc. He is continually under going the hangs of physical and mental pain, in one way his future has become full of darkness he can not perform routine duties and his posi tion in the society is not that which was prior to the accident. "