HARBHAJAN SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THESE appeals arise out of an accident which happened on 9.4.1990 involving truck No. HRC-1635, being driven by Sukhdev Singh and owned by Ram Lal (Respondents No. 1 & 2 respectively), in which Harbhjan Singh, appellant, aged 44 years, who was a Head Constable in the Punjab Police, and was on his motor-cycle No. PJN-4945 was seriously injured. As a consequence of the injuries suffered by him, he filed a claim petition before the Motor Accident Claims Tribunal, Patiala. The claim petition was contested by the respondents on which the following issues were framed :-

(2.) UNDER issue No. 1, the Tribunal held that the accident had happened on account of the rash and negligent driving of the truck by the driver (Respondent No. 2). Under issue No. 3, it was held that though Sukhdev Singh the driver of the offending vehicle was not holding a valid driving licence on 9.4.1990 but the Insurance Company nevertheless could not escape its liability. With regard to issue No. 2, i.e., quantum of compensation, the Tribunal opined that as the claimant had suffered 68.1% permanent disability and had also incurred expenses on his treatment and his earning capacity had been reduced, he was entitled to a sum of Rs. 60,000/- as compensation in all, which included Rs. 16,000/- as medical expenses. The Court directed that the respondents would be jointly and severally liable to pay the amount of compensation.

(3.) IT has been argued by Mr. Ramesh Sharma, the learned counsel appearing for the claimant-appellant, that the compensation of Rs. 60,000/- awarded by the Tribunal, which included a sum of Rs. 16,000/- as medical expenses was inadequate considering the fact that the appellant had suffered permanent disability of 68% and as his earning capacity had been reduced by 60%, his future prospects for promotion etc. had been completely shut out as he was still a Head Constable.