STATE OF PUNJAB Vs. MOHAN SINGH

JUDGEMENT

(1.) LEARNED counsel for the State of Punjab has submitted the office paper book. The same be photocopied and returned to him. This appeal has been filed by the State of Punjab through Secretary in the Department of Home (appellant No.1) and Director General of Police, Punjab Police Secretariat (appellant No.2) against the judgment and award dated 20.11.1991 passed by the learned Motor Accident Claims Tribunal, Ludhiana ('Tribunal' -for short) whereby Mohan Singh (respondent No.1) has been held entitled to recover an amount of Rs.42,800/ - less the amount of no fault compensation received, if any, which has been ordered to be paid by Chaman Lal (respondent No.2), the Punjab State (appellant No.1) and the DGP, Punjab (appellant No.2) jointly and severally. Mohan Singh (respondent No.1) filed an application seeking compensation of Rs.1 lac for the injuries that he suffered in a motor accident that had occurred on 28.07.1989. Mohan Singh (respondent No.1) was driver of the Haryana Roadways (respondent No.5) bus. He was on duty as driver of bus with registration No.HNE - 714. Hukam Chand was Conductor of the said bus. The bus was plying from Chandigarh to Ludhiana and carrying passengers. When it reached near village Ramgarh on the Chandigarh -Ludhiana road, then the Punjab Police van of the appellants with registration No.PAB -8020 came from the opposite direction at a high speed on the wrong side. The bus of the appellants hit into the bus of the Haryana Roadways (respondent No.5), which was being driven by Mohan Singh (respondent No.1). As a result of which the passengers including the driver Mohan Singh (respondent No.1) and Hukam Chand, Conductor sustained injuries. Mohan Singh (respondent No.1) remained admitted in the Christian Medical College ('CMC' -for short), Hospital, Ludhiana from the date of accident till 10.09.1989. Therefore, he claimed that he was entitled to recover the amount of compensation from Chaman Lal (respondent No.2) driver of the offending Punjab Police van and the appellants.

(2.) A joint written statement was filed by the appellants in which the accident was admitted. However, they blamed Mohan Singh (respondent No.1) for causing the accident. A separate written statement was filed by the National Insurance Company (respondent No.3) in which the allegations as made in the claim petition were denied. Chaman Lal (respondent No.2) driver of the Punjab Police bus did not contest the claim petition and he was proceeded against ex parte. On the pleadings of the parties, the following issues were framed: -

(3.) THE learned Tribunal after considering the evidence and material on record held that there can be no room for doubt that Mohan Singh claimant (respondent No.1) in the claim petition and Hukam Chand claimant in the connected claim petition sustained multiple injuries on their person in a motor vehicular accident on account of the rash and negligent driving of bus No.PAB -8020 being driven by Chaman Lal (respondent No.2). Accordingly the issue was decided in favour of the claimants. Insofar as the compensation is concerned, the same was decided in favour of the claimants and Mohan Singh claimant (respondent No.1) was held entitled to recover an amount of Rs.42,800/ - less the amount of no fault compensation received, if any, which was held be payable by Chaman Lal (respondent No.2); besides, the appellants Punjab State and DGP, Punjab jointly and severally.