ISHPAL SINGH PARAMJIT SINGH Vs. KUMARI MANEET MAUNDER

JUDGEMENT

(1.) ON 27th February 1981 at about 1. 45 P. M. on G. T. Road, half a furlong from village Shamgarh on Delhi- Ambala G T. Road, a serious accident took place. Truck No. HRU 591 and Car No. PUV 6350 were involved in the accident. Mr. Inderjit Ohri, Under Secretary, Punjab Govt. , Tarsem Lal, Maneet Maunder and other occupants of the car and the driver received serious injuries. The driver of the car died in the hospital later on. Kumari Maneet Maunder qualified MBBS doctor, at the time of accident, was working in the Government Medical College, Patiala and was getting a stipend of Rs. 450/-per month She was aged 22 years. In the accident her both legs were fractured and she received head injuries. On account of the accident she suffered paralysis of body and mental functions were impaired. She became permanently disabled She claimed a compensation of Rs. 7,50,000/-for the injuries sustained by her. The claim petition was contested by the respondents.

(2.) THE Tribunal vide judgment/award dated 7th December, 1984 came to the conclusion that the accident resulted on account of the rash and negligent driving of the truck-driver. The Tribunal further came to the conclusion that the truck struck against the car. The Tribunal allowed a compensation to the claimant-respondent amounting to Rs, 7,22,800/- against the respondents jointly and severally. The Tribunal also came to the conclusion that the liability of the Insurance Company was unlimited because no insurance policy was placed before it. The Tribunal considered the evidence of PW-7, Ram Sarup Lambardar of the village, Shamgarh, who has seen the accident, and PW-6 Ram Krishan, Sub Inspector.

(3.) MR. Lalit Mohan Suri, counsel for the appellants strongly Contended that according to site plan Ex-PH. the truck and the car had been shown to be standing on the extreme left side of the road. He further contended that the truck was on the kacha pavement of the road. He further contended that the driver of the car was negligent.