PREM CHAND Vs. RAJ ROOP

JUDGEMENT

(1.) By this judgment, three F.A.O. Nos. 85, 154 and 155 of 1986 can conveniently be disposed of together. These three appeals are directed against the common award of the Motor Accidents Claims Tribunal, Jind, dated 12.9.1985. By virtue of the impugned award, the learned Tribunal awarded a compensation of Rs. 13,500 to the appellant, Dr. Prem Chand (for short 'the claimant'). It was held that he is entitled to recover the same from Raj Roop and Mai Ram appellants jointly and severally. In addition to the compensation, the appellants were also held liable to pay the interest at the rate of 12 per cent from the date of the award till the date of realization.

(2.) The relevant facts alleged by the claimant are that on 18.10.1983 at about 3.00 p.m. he was proceeding from Safidon to Jind on his scooter No. HRH 8652 with one Brij Bhushan who was on the pillion. When they reached near village Budha Khera, Raj Roop, minor, aged about 12 years was driving tractor No. HRV 375 in rash and negligent manner. It dashed against the scooter of the claimant causing injuries to the claimant. The claimant was removed to Civil Hospital, Jind. He was medically examined and thereafter referred to Medical College, Rohtak. A case F.I.R. No. 269 dated 19.10.1983 was registered against Raj Roop. The claimant laid a claim of Rs. 40,000.

(3.) Earlier United India Insurance Co. Ltd. was impleaded as a party, but on 19.12.1984 the name of the said insurance company was struck off as the vehicle was not insured at that time.