PARKASH CHAND BATRA Vs. KAPTAN SINGH

JUDGEMENT

(1.) This appeal is filed by the owner and driver of the vehicle against the award of Motor Accident Claims Tribunal, Rohtak in MACT case No. 105 of 10.12.1986, dated 27.7.1988. The claim petition is result of an accident which occurred on 20.6.1986 at about 11.15 A.M. While claimant Constable Kaptan Singh driver of motor cycle bearing No. HYO 519 was coming to Rohtak, near village Simli on Rohtak- Jhajjar Road, a private bus bearing No. DEP 7766 driven by Randhir Singh in a rash and negligent manner struck against the motor cycle, as a result of which the claimant suffered injuries. The injured was shifted to Medical College Hospital, Rohtak. As per the hospital record available on file, the claimant was admitted in the hospital on 20.6.1986 at 1.45 P.M. and was discharged on 21.7.1986. It is submitted by the claimant that after discharge from the hospital, since he was not fully recovered, he remained admitted in Janki Dass Hospital at Sonepat where he remained under treatment of Dr. Bharat Bhushan Gupta and was operated upon on 23.8.1986. The negligence of the driver of the bus is patently evident from the site plan on record even in the appeal filed by the owner as the bus is shown at the extreme right hand of the road when it struck the motor cycle. As per the MLR, at the time of admission in the hospital, the claimant suffered following injuries: 1. Clean lacerated wound 5 cm long over the dorsal aspect of right forearm.

(2.) Clean lacerated would 5 cm x 1 cm over the medial aspect of right foot with swelling round the injury.

(3.) Clean lacerated would 5 cm x 2 cm over the medial aspect of right leg. Swelling and crepitus felt over the area.