SUBHASH CHANDER Vs. RAKESH KUMAR

JUDGEMENT

(1.) SUBHASH Chander has filed the present appeal and it has been directed against the award dated 9.11.1985 passed by the Motor Accidents Claims Tribunal, Karnal, which awarded a sum of Rs. 32,000/- in favour of the petitioner and against the owner, driver and the Insurance Company jointly and severally.

(2.) SOME facts can be noticed in the following manner. The accident took place on 25.9.1984 at about 3.50 P.M. near Delhi bye-pass G.T. Road, Karnal between Truck No. HYC 4442 and Scooter No. DHW 6344 due to which Subhash Chander appellant who was a pillion rider received the injuries. On the date of the accident the appellant was going along with Rishi Pal PW3 on scooter No. DHW 6344 from his village to Karnal. Rishi Pal was driving the scooter while the appellant was sitting on the pillion. When they reached near Delhi bye-pass, on G.T. Road, Karnal at about 3.50 P.M. then offending truck No. HYC 4442 came from the Karnal side and was going towards Delhi side. It was being driven by Rakesh Kumar respondent in a rash and careless manner. The driver of the truck first hit the vehicle against the Tonga and then hit the cyclist and then hit the scooterist after going to the wrong side of the road. In this process, the appellant received serious and multiple injuries including compound fracture. The injured was employee in the Haryana State Electricity Board. He was drawing a salary of Rs. 1129.70 at the relevant time. He was admitted to Civil Hospital, Karnal on 25.9.1984 and was discharged on 19.10.1984. The appellant also received head injury besides fracture of shaft of femur of the right leg. His right leg was shortened by 3/4" and his permanent disability was 32%. With these allegations the petitioner claimed a sum of rupees one lac as compensation.

(3.) THE parties are given opportunities to lead the evidence and on the conclusion of the proceedings, issue No. 1 was decided in favour of the appellant and against the respondents. Issue No. 2 was partly decided in favour of the appellant and a sum of Rs. 32,000/- was awarded by way of just compensation. Issue No. 3 was decided against the respondents and finally the claim petition was partly allowed as stated above.