(1.) By this judgment, I shall dispose of F.A.O. No. 372 of 1998 titled Bhakra Beas Management Board v. Mahender Pal and the Cross-objections No. 37 of 1998, as the appeal and cross-objections have arisen from one award dated 2.12.1997 passed by the Motor Accidents Claims Tribunal, Chandigarh who awarded a sum of Rs. 2,90,000 to respondent cross-objector, by way of compensation for his sustaining injuries, against the present appellant and the driver of the offending vehicle, jointly and severally along with the interest at the rate of 12 per cent per annum from the date of filing of the claim petition till its realisation.
(2.) The brief facts of the case are that Mahender Pal, respondent cross-objector, filed a petition under section 166 read with section 163-A of the Motor Vehicles Act, 1988 (for short to be referred as 'the Act') against Bhakra Beas Management Board (for short to be referred as 'the Board') and its driver Ajit Singh and claimed compensation to the tune of Rs. 5,00,000 for the injuries suffered by him; on account of pain and suffering due to those injuries; loss of enjoyment of life; medical expenses including medicines and hospitalisation; special diet, conveyance, etc. According to the claimant, he was aged 42 years at the time of the accident and he was in Government service. He was working as a Junior Accountant in the Ministry of Defence, Border Roads, Delhi and was getting salary of Rs. 5,000 per month. The accident took place on 12.5.1995 at about 3 p.m. in Sector 35-B, Chandigarh. F.I.R. No. 62 of 1995 was lodged with regard to this accident against Ajit Singh under sections 279/ 337/338 of the Indian Penal Code at Police Station, Sector 36, Chandigarh. At the time of the accident the claimant was driving his scooter No. CH 01-H 9966. He was coming from Sector 41 and was going to his house situated in Sector 35-B, Chandigarh. Regarding the nature of the injuries, it was mentioned by the claimant that he suffered a fracture of neck of right femur. Besides that he suffered a lacerated wound on the left eyebrow and contusion of left lower arm. The treatment of injury No. 1 is still going on and the claimant has also spent Rs. 65,000 till the date of filing of the claim petition. He was treated in General Hospital, Sector 16, and also in the PGI. The accident took place with Ambassador car bearing registration No. CH 01-G 1048 which was being driven by Ajit Singh and the vehicle belongs to the Board. After the accident, the claimant was removed to General Hospital, Sector 16, Chandigarh where he remained admitted for one day and on the next day, i.e., 13.5.1995 he was referred to the PGI. Thirteen stitches were applied upon him and these stitches left a permanent scar. He was operated upon on 26.5.1995 for treating the fracture of right femur for which a piece of bone was taken from his left lower leg for grafting and stainless steel screw was put in the femur to unite the fracture. 13 stitches were applied on the cut from where the bone was grafted and 18 stitches were applied on the cut near right hip. The claimant cannot put weight on the right leg and he has to walk with the help of crutches. He cannot squat or sit on haunches. He was a national level hockey player and now he would not be in a position to play this game and other outdoor games throughout his life. He remained in PGI from 13.5.1995 to 12.6.1995 and after a lapse of two years the claimant would require another operation when the stainless steel screw will be removed from his right femur.
(3.) Giving the cause of accident it was alleged by the claimant that on 12.5.1995 at about 3 p.m. he, after collecting his children from their school in Sector 41, was going to his house in Sector 35-B on the scooter referred to above. The children were sitting on the pillion of the scooter and when the claimant reached near the intersection of by-lane near CDA Colony Health Centre, Sector 35-B, Chandigarh, an Ambassador motor car, referred above, came. It was being driven at a very fast speed and in a very rash and negligent manner by Ajit Singh, driver. The car came from the left side and hit the scooter of the claimant from the front side after negotiating the turn. As a result of which, the accident took place and the claimant suffered grievous injuries which have already been described above. His children escaped unhurt. The driver of the car dragged the scooter to a distance of about 15-20 yards and the car had stopped only because the scooter got stuck under its front wheels. Ajit Singh backed his car which got disentangled from the scooter and then he tried to run away from the spot but he was prevented from doing so by the persons who gathered at the spot. With the above allegations the claimant claimed compensation to the tune of Rs. 5,00,000 besides interest.