ANOOPSINGH Vs. INDERSINGH

JUDGEMENT

(1.) THIS ordor shall also govern the disposal of Misc. Appeal No. 5 of 1983 (Madhya Pradesh Road Transport Corporation v. Anoopsingh and Ors.) which is also against the award dated 6-8-1982 made by the III Additional Motor Accidents Claims Tribunal Indore in Claim Case No. 16 of 1979.

(2.) IT is not in dispute that on 26-9-1978, at place between Bicholi and Manpur, District Indore, on the A.B. Road, there was a collision between the passenger bus No. CPH belonging to the Madhya Pradesh State Road Transport Corporation (for short 'the Corporation') and the truck No. MPE 9069 which belonged to the respondent Indersingh. The accident had occurred due to the negligence of both the drivers of the vehicles and they were responsible for it in equal measure. Shankar was driving the bus at the relevant time and Jasbir was driving the accident truck. As a result of the accident, in addition to the bus driver Shankar, Nandlal Nigam, Ramchandra and Mahesh Kumar who were passengers in the bus had also died. Anoop Singh, another passenger of the bus had sustained several injuries as a result of the said accident. The accident vehicles were damaged.

(3.) ANOOPSINGH filed an application under Section 110-A of the Motor Vehicles Act 1939 (for short 'the Act') on 16-1-1979 for compensation impleading the Corporation and the owner, driver and the insurer of the accident truck as opposite parties. It was stated that he is aged 52 years and is Circle Inspector in the Excise Department of the State of M.P. Due to the accident, the sustained fracture of the right mandible resulting in disfiguration of the face and loss of four teeth of the upper jaw. He also suffered fracture of both his legs and also of his right hand. Stating that he has suffered permanent disability, the compensation was claimed as under: