BALDEV KRISHAN Vs. CHANDER DEEP JAIN

JUDGEMENT

(1.) Chander Deep Jain filed a claim for awarding Rs. 13,25,000/as compensation ion for the injuries received by him in an accident. However, the Tribunal passed the award vide judgment dt. March 30, 1981 In the amount of Rs. 1,68,000/- with interest at the rate of 6 per cent per annum from the date of the application, i. e. July 9, 1979 which satisfied none of the parties. The owners of the vehicle involved in the accident filed F. A. O. No. 450 and the claimant F. A. O. No, 452 of 1981 against the award and both the appeal shall be disposed of by this judgment.

(2.) On January 12, 1979 at about 11.30 A. M. the claimant was going on Scooter No. CHU 6171 on the road dividing Sector 9C and 9D with his brother t Vipan Kumar Jain sitting on pillion-seat from North towards South, that is, from the shopping centre of Sector 9 towards the Madhya Marg. When he was about 50 yards from the point where this road joins the Madhya Marg, a Jaunga driven by Baldev Krishan came from the right lane at a high speed, struck his scooter as a result of which it turned down and both the riders fell on the ground. Chander Deep Jain became immediately unconscious and was removed to the P. G. I. by Baldev Krishan in Jaunga No. HIL 5195. Although he was wearing a helmet but still he suffered fractures of the right frontal temporal and parietal bones. As he was having epileptic fits he was operated upon to remove the blood clot on the right side of his head which was detected upon a spot test. Gradually, his condition improved and he was discharged from the hospital on February 5, 1979. However, as a result of the head injury c1aim,ant's memory and intelligence quotient were very badly affected and he became incapable of pursuing further studies. It may be mentioned that when the accident took place he was a student of law at Simla. Consequently he filed the present action before the Motor Accident Claims Tribunal Chandigarh, alleging that the accident in which he received Injuries took place entirely because of the rash and negligent driving of the Jaunga owned by Messrs, Krishna Engineering Works, Factory Area, Patiala, and driven by Baldev Krishan. The National Insurance Company was impleaded as the insurer.

(3.) Baldev Krishan being one of the partners in the firm which owned the Jaunga, e common written statement was filed on their behalf though a separate written statement was filed by the Insurance Company, yet the pleas taken by both of them were common. The blame for the accident was entirely put on the claimant and in the alternative it was pleaded that he being equally responsible for it was not entitled to any compensation. The allegations regarding the. seriousness of the injury, the permanent damage done to the brain as well as the right to compensation were also denied. On the pleadings of the parties, the Tribunal framed the following two Issues.