HARVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On 15.8.1985 Harvinder Singh was travelling in bus No. HRU 8391 owned by Haryana Roadways, Chandigarh Depot, State of Haryana. It was being driven by Gajjan Singh respondent. He boarded the bus at Ambala for Zirakpur where he was to report for duty. It may be mentioned here that he was employed in the Indian Army as Lance Naik enrolled on 18.3.1974. Bus met with accident with the truck No. PUC 4157 owned by Pritpal Singh respondent being driven by SherSingh respondent. The accident took place because of rash, negligent and careless driving of the bus and the truck by their respective drivers. They could not control the respective vehicles as they were driving them at uncontrollable speed. He was to report for duty on promotion. Accident took place at Lalru Barrier where the road had been narrowed down by the putting of drums. Case F.I.R. No. 45 was registered on 15.8.1985 at PS Lalru with respect of this accident. He was born on 1.12.54 and was getting Rs. 819 as salary in addition to free boarding and lodging. Accident took place at about 7-7.15 a.m. He was taken to Civil Hospital, Ambala, where he was given first aid. He was shifted to Military Hospital, Ambala, the same day where he remained as indoor patient for about 15 days. Thereafter, he was shifted to Command Hospital, Chandigarh, where he remained admitted for a further period of 8 to 9 months for follow-up and till recovery. He did not have to spend on the purchase of medicines as medicines were supplied to him free by the respective hospital authorities. He spent on special diet. He spent on engaging a servant to attend on him. He incurred expense on travelling. He suffered fractures and other injuries which remained uncured. It was permanent disability. After this accident, he was not able to pursue the ordinary pursuits of life. He had to be invalided from army service. If he had a normal span of career, he would have gone up to the rank of Honorary Captain but That was not to be. He was invalided from army service otherwise he would have climbed the ladder after serving as Naik, Havildar, Naib Subedar, Subedar, Subedar Major and then to the rank of Honorary Captain. He claimed compensation to the tune of Rs. 5,00,000 on account of loss of promotion to those ranks and ultimately the conferment of the status of Honorary Captain. He lost in the shape of earnings also after his invalidation from the army. Afflicted with permanent disability, he would not be able to earn that much which he would have earned had he been allowed to remain in the army.

(2.) Gajjan Singh respondent contested this application. It was denied that he authored this accident. Bus was running at a normal speed. Brake pedal did not function properly at that time. He applied the brakes but the pedal again did not function and was lying down due to the leakage of oil pressure. He asked the passengers to go to the back seats from the front seats so that their lives could be saved and the passengers went to back seats and caught hold of handles of the seats as advised by him. On both sides of the road, there were ditches and trees. It was found that near the barrier, truck No. PUC 4157 was standing on the road and immediately another bus from Chandigarh side was coming and was to cross truck No. PUC 4157. Seeing no alternative, he downed the gear, further slowed the speed and tried to overtake truck No. PUC 4157 parked but as the bus came from front side, the bus in question hit the stationary truck.

(3.) Rest of the respondents were proceeded ex parts. Name of the insurer of the said truck was not disclosed. On the pleadings of the parties, the following issues were framed: (1) Whether the accident was caused due to rash and negligent driving by Gajjan Singh respondent while driving bus No. HRU8391? (2) If issue No. 1 is proved, to what amount of compensation the claimant is entitled and from whom? OPP