NEW INDIA ASSURANCE CO LTD Vs. JAGMAL SINGH

JUDGEMENT

(1.) New India Assurance Co. Ltd. has challenged the legality of the award dated 2.6.1990 passed by Mr. D.D. Yadav, the then Motor Accidents Claims Tribunal, Kurukshetra, whereby the learned Tribunal accepted the claim petition and awarded an amount of Rs. 60,000 as compensation to the claimants with interest at the rate of 12 per cent per annum, holding respondent No. 3 liable to make the payment.

(2.) In brief, facts of the case are that on 18.6.1989, Ram Chander, Head Constable; Jagmal Singh and Raj Kumar, Constables; were doing patrol duty on Ladwa-Radaur Road. Ram Chander, Head Constable and Raj Kumar, Constable, were on the right side of the road whereas Jagmal Singh was on the left side of the road. At about 2 a.m. when they reached near Indian Oil Petrol Pump, Leeva, a truck being driven by the respondent No. 1, rashly and negligently, arrived there from the side of Ladwa and hit Jagmal Singh from behind. As a result of the accident he fell down on the road and received injuries on his right leg. After the accident, the truck driver stopped the truck near the petrol pump at some distance for a moment. When the truck stopped near the petrol pump, the Head Constable Ram Chander noted down the number of the truck in the tube light. Truck number was DHG 5463. It was loaded with wooden logs. On seeing Head Constable approaching the truck, truck driver after speeding the truck ran away towards Yamuna Nagar. The injured Jagmal Singh was taken to the Civil Hospital, Ladwa. The doctor on duty medico-legally examined Jagmal Singh and found fracture on his right leg at three places. On the report of Head Constable Ram Chander, a case under sections 279/ 337 of the Indian Penal Code was registered against the truck driver.

(3.) In the claim petition, the petitioner prayed that he had spent a huge amount on his treatment and remained on leave for a period of six months. Therefore, he prayed that he may be awarded a compensation of Rs. 2,00,000 on account of the injuries sustained by him in the accident.