IQBAL SINGH Vs. S SOHAN SINGH

JUDGEMENT

(1.) THIS judgment will dispose of L. P. A, Nos. 434 and 435 of 1977 which arise out of the same judgment of a learned single Judge dated 5th September, 1977.

(2.) BRIEFLY, the facts are that Sohan Singh claimant was going on his motorcycle No. PNE-154. on the road dividing Sectors 17 and 18,. Chandigarh, to hie office in the Secretariat Building et about 9 A. M. on the 4th July, 1969. It is averred that he was. going at the extreme left of the road and was. driving the motorcycle at a slow speed. When he reached the crossing near the Government. Printing press building, he further slowed down his motorcycle. Simultaneously, car No. PUJ-2220 belonging to Iqba1 Singh, respondent No. 1, and driven by Tarvinder Bir Singh, respondent No. 2. at a high speed came from the opposite side and struck against his right side Due to the impact of the car, the, along with he motorcycle, fell on the ground and broke hie right leg. He also received other injuries. He was removed it the General Hospital, Sector i6 in an unconscious state Later, he was taken to the P. G. I. Sector 12, Chandigarh on 5th July, 1969, where his, leg. was amputated thigh. It is alleged that the accident took place because of. rash and negligent driving of the car by the driver. The claimant claimed a compensation of Rs. 3,58,550/- from the respondents.

(3.) THE owner of the car and the Insurance Company contested the claim and controverted the allegations of the claimant. They inter alia pleaded that the accident took place on account of rash and negligent driving qt the motorcycle by the claimant and, therefore, he was not entitled to any compensation.