SAT PARKASH @ SAT PAL Vs. VISHNU DUTT

JUDGEMENT

(1.) BY this judgment I dispose of two FAOs No. 263 of 1994 titled Sat Parkash @ Sat Pal v. Vishnu Dutt and another, and No. 320 of 1994 titled Haryana Roadways, Yamuna Nagar v. Sat Parkash alias Sat Pal and another, as both the appeals have arisen from the award dated 1.10.1993 passed by Motor Accident Tribunal, Ambala which awarded a sum of Rs. 70,000/- by way of compensation to Sat Parkash alias Sat Pal injured.

(2.) THE brief facts of the case are that on 17.3.1992 at about 5.30 p.m. the appellant was coming from Chandigarh to village Bhanu on his tractor trolley bearing registration No. HRX 5612 and the tractor trolley was being driven by him on extreme left side of the road at a very slow speed. When he reached near village Ramgarh at about 5.30 p.m., a Haryana Roadways bus bearing registration No. HR-02/0306 came from behind. The driver of the bus was driving it in a rash and negligent manner and he struck the bus against the tractor trolley of the appellant from behind without giving any indication. Due to the collision the appellant fell down from the tractor and came under the bus and received multiple injuries. After getting first aid from a private hospital at Ramgarh the appellant was removed to PGI, Chandigarh where he remained admitted for 12 days and was operated upon. As a result of the injuries, fingers and thumb of left foot i.e. major part of the left foot of the appellant had been amputated. The tractor trolley was also badly damaged. The appellant also claimed a sum of Rs. 40,000/- by way of damages to the tractor trolley and Rs. 3 lakh on account of injuries suffered by him.

(3.) FROM the pleadings of the parties, the learned Tribunal framed the following issues :-