DEVINDER KUMAR Vs. HARYANA ROADWAYS

JUDGEMENT

(1.) DEVINDER Kumar aged 22 years and his brother Mohinder Kumar, aged 16 years, both sons of Om Parkash were injured in a bus accident when they were travelling in a Haryana Roadways Bus bearing No. HRN-8249 on 18. 11. 1982. The bus was going from Sirsa to Delhi. When the bus was near village Moriwala at about 430 a. m. the driver, it appears failed to notice that another bus of Punjab Roadways being out of order was parked on the left side and in this manner he struck his bus against the Punjab Roadways bus from behind causing injuries to Devinder Kumar and Mohinder Kumar. Both the brothers filed separate claim petitions. Both the claim petitions have been disposed of by Motor Accidents Claims Tribunal, Sirsa by way of a common award. Devinder Kumar has been granted compensation in the sum of Rs. 10,795/ (Rs. 10,000/- by way of compensation for the injuries and Rs. 795/- by way of medical expenses), whereas his younger brother Mohinder Kumar has been granted compensation in the sum of-Rs. 3270/- (Rs. 3000/- by way of compensation for the injuries suffered and Rs. 270/- by way of medical expenses.) Against the impugned award Devinder Kumar has filed FAO No. 765 of 1984 and Mohinder Kumar has filed FAO No. 766 of 1984. Since both the appeals have arisen out of a common award given by the Motor Accidents Claims Tribunal, Sirsa, I also propose to dispose of both the appeals by a common judgment.

(2.) IT has been found as a fact that the accident took place on account of rash and negligent driving of the driver of the Haryana Roadways bus bearing No. HRN-8249 and therefore, the only question which arises for consideration before this Court is whether grant of compensation is just and reasonable.

(3.) AFTER hearing the learned counsel for the parties and going through the evidence on record I am of the considered view that the argument is well merited. Dr. A. S. Sidhu, Medical Officer, Civil Hospital, Sirsa, PW-1 has stated that he examined Mohinder Kumar and Devinder Kumar both sons of Om Parkash on 18. 11. 1982 and that both the persons were admitted in the hospital. They were discharged on 30. 11. 1982 after applying piaster. X-ray of Mohinder Kumar revealed fracture of both bones of the left leg. Although it has been stated by Dr. A. S. Sidhu, PW-1 that condition of Devinder Kumar was more serious than his brother Mohinder Kumar and that he remained admitted in the hospital for a longer period, yet claimant Devinder Kumar has not stated that his condition was more serious than that of his brother Mohinder Kumar. Both suffered fractures of both the bones of the leg. Dr. R. K. Bishnoi, PW-2, Radiologist, General Hospital, Sirsa, has also stated that he X-rayed both Devinder Kumar and Mohinder Kumar and they had fractures of both bones in the left leg. In view thereof, no distinction can be made between the case of Devinder Kumar and Mohinder Kumar and Both are entitled to the grant of same compensation.