UNITED INDIA INSURANCE CO LTD Vs. JAGJIT SINGH

JUDGEMENT

(1.) By this judgment, I dispose of F.A.O. No. 2086 of 1995 titled United India Insurance Co. Ltd. v. Jagjit Singh and Cross-objection No. 41-CII of 2000, as the appeal and cross-objections have arisen from the same award dated 15.5.1995, passed by the court of Motor Accidents Claims Tribunal, Jalandhar, which awarded a sum of Rs. 1,40,000.00 by way of compensation for the injuries sustained by Jagjit Singh and it was also ordered by the Tribunal that the amount of compensation shall be paid to the injured jointly and severally by all the respondents in the trial court. The Tribunal also ordered that injured shall be entitled to simple interest at the rate of 12 per cent per annum on the awarded amount of Rs. 1,40,000.00 from the date of the application till the realisation of the same.

(2.) The brief facts of the case are that Jagjit Singh, son of Sukhdev Singh (respondent No. 1 cross-objector) filed a claim petition under section 166 of the Motor Vehicles Act against Manzoor Masih, Parkash Ram and United India Insurance Co. Ltd. and claimed compensation to the tune of Rs. 13,50,000.00 on account of the injuries suffered by him in a motor vehicular accident which according to him, took place on 23.2.1993 at about 5 p.m. on G.T. Road at a distance of 1 km. from Dhannowali Railway Crossing towards Phagwara. It was averred by the claimant that on 23.2.93 at about 5 p.m. he along with Hari Singh was going on a scooter bearing registration No. PIQ 3093 from Jalandhar City towards their village Rurki. The scooter was allegedly being driven by Hari Singh while the claimant was sitting on the pillion seat. As per the averments of the claimant, when they reached at a place one kilometre from Dhannowali Railway Crossing towards Phagwara side, a truck bearing registration No. PB 08-D 5485, suddenly came from a service station and approached the G.T. Road negligently. The truck hit the scooter as a result of which the rear tyre of the truck passed over the left leg of the claimant and he received the multiple injuries. At the time of the accident the truck was being driven by Manzoor Masih, respondent No. 1. The claimant was removed to Civil Hospital by respondent No. 1. He was admitted there as an indoor patient. Thereafter, respondent No. 1 ran away with the truck, as the condition of the claimant was serious so he was referred to Christian Medical College & Hospital, Ludhiana, where the left leg of the claimant was amputated from above the left knee. The matter was reported to the police by the claimant and on his statement a case under sections 279/337/338 of the Indian Penal Code was registered against respondent No. 1. It is further alleged by the claimant that at the time of the accident he was a young boy of 22 years and was performing the duties of a granthi in gurdwara of village Rurki and his monthly income was Rs. 3,000. As the left leg of the claimant was amputated, he is unable to do his work properly. He remained admitted for about 30 days in the hospital and spent a sum of Rs. 50,000 on his treatment which is still continuing. The accident had taken place on account of the negligence of respondent No. 1. The truck was owned by respondent No. 2 Parkash Ram, and it was insured with the appellant insurance company.

(3.) Notice of the claim petition was given to the respondents who appeared and contested the case before the trial court. A joint written statement was filed on behalf of respondent Nos. 1 and 2 and the stand taken by them was that the accident had not taken place on account of negligence of respondent No. 1, rather, it took place on account of the negligence of the driver of the scooter. These respondents, however, admitted that the truck was insured with respondent No. 3. As per the version of these respondents, the respondent No. 1 was driving the truck on the G.T. Road at a very slow speed. Jagjit Singh and Hari Singh were going on the scooter at a very fast speed from Jalandhar side and when they saw the truck coming from service station, Hari Singh lost control of the scooter and hit it against the rear tyre of the truck as the accident had taken place on account of the negligence of Hari Singh, the driver of the scooter, therefore, the claim petition should be dismissed.