ORIENTAL INSURANCE COMPANY Vs. SURAT SINGH

JUDGEMENT

(1.) ORIENTAL Insurance Company and Amarjit Singh, have filed this FAO No. 468 of 1997 against Shri Surat Singh (claimant/injured) and Shri Prithi Ram, driver, and it has been directed against the award dated 8.11.1996, passed by the Court of Motor Accident Claims Tribunal, Faridkot, who, awarded a sum of Rs. 4,44,000/- to the claimant Shri Surat Singh with interest at the rate of 12% per annum from the date of the filing of the petition i.e. 16.7.1990, till the date of payment and it was directed by the Tribunal that the respondents now appellants shall pay jointly and severally the amount of compensation.

(2.) THE brief facts of the case are that claim petition was filed by Shri Surat Singh against Shri Amarjit Singh, Prithi Ram and the Oriental Insurance Company Ltd alleging that on 13.1.1990, when he was driving the bus and had hardly covered a distance of about 2 kms from village Aulakh, a truck bearing No. PBX-2475 driven by Shri Amarjit Singh, respondent, came at a very high speed and struck against the right side of the bus driven by the claimant. The driver of the truck was previously known to the claimant. It was loaded with Bajri. The truck hit against the driver seat, as a result of that the claimant sustained injuries. He became unconscious. Shri Amarjit Singh appellant connived with the police and got a false case registered against the claimant. It is alleged by the claimant that the driver of the truck did not blow the horn. He did not give the lights. The light of the truck was not on it spite of the fact that there was a fog. The speed of the truck was very high. The accident had been caused on account of the negligence of the driver of the truck. The claimant Surat Singh received multiple injuries and he remained under treatment of various doctors. He was under the treatment of the doctor at the time of the filing of the claim petition. His both legs were fractured and one leg has to be amputated. He had spent Rs. 60,000/- on the treatment. The treatment of the claimant is still going on. It has been opined by the doctor that the claimant would confine to the bed till his life. He is not in a position to work as a driver. At the time of the accident he was employed as a driver in Rajasthan State Road Transport Corporation, Sri Ganganagar and was getting Rs. 2,000/- per month as salary and other benefits. The claimant was 43 years old at the time of the accident. With these broad allegations the claimant claimed compensation of rupees eight lacs.

(3.) ON the pleadings of the parties Tribunal framed the following issues :-