IQBAL SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) In this appeal, challenge is to award dated 4/8/1988 passed by the Motor Accident Claims Tribunal, Ambala, awarding a sum of Rs.6000.00 as compensation to the claimant(appellant herein) along with interest at the rate of 12 per cent per annum from the date of claim petition till payment, for the injuries sustained in motor vehicle accident that took place on 26/7/1987.

(2.) In brief, the facts of the case are that on 26/7/1987 claimant, Iqbal Singh, was going on cycle to his village Ugala from Barara and was behind tractor bearing registration No.HRX-1939 driven by Sukhjinder Singh and on the Margad of said tractor his brothers namely Jaspal Singh and Paramjit Singh were sitting. It is stated that one Lajja Ram was also following on his cycle. According to the claimant-appellant, when the tractor reached near Ravi Filling Station, at about 9.15 PM a bus bearing registration No. HRE-8413 driven by Gurnam Singh, respondent No.1, in a rash and negligent manner came at a very fast speed from the opposite direction and struck against the tractor, as a result of which the rear wheel of the tractor got broken. As the driver of the bus could not control the bus, it also struck against the cycles of the claimant and Lajja Ram due to which both of them received injuries. After causing the accident, the driver of the bus ran away after leaving the bus at the spot. This occurrence is stated to have been witnessed by Jaspal Singh, Sukhjinder Singh and Paramjit Singh. On account of injuries sustained, the claimant was taken to Primary Health Centre, Barara, in a truck from where he was referred to PGI Chandigarh and he remained admitted there from 27/7/1987 to 4/8/1987. A case under Section 279/337/427 IPC was registered against Gurnam Singh (respondent No.1). Claimant submitted that on account of injuries, he lost his speech and was unable to move about. Claimant then filed petition before the Motor Accident Claims Tribunal, Ambala, for the grant of compensation for the injuries suffered in the said accident.

(3.) Respondent No.1, Gurnam Singh, bus driver, did not put in appearance and therefore, was proceeded against ex-parte. However, Haryana Roadways in their written statement the accident but with the plea that responent No.1, Gurnam Singh, was not authorised to ply the bus and that he was driving the same beyond the scope of his duties. It was stated that he is since absconding and has not reported for duty since 6.7.1987 and in this regard, a departmental enquiry is pending against him. It has been stated that they (Haryana Roadways) are not liable to pay any compensation. Parties led evidence in support of their issues. On appreciation of evidence adduced by the parties, the learned Tribunal passed the award in the manner indicated above. Feeling dissatisfied with the same, the appellant has approached this Court by way of present appeal. There is no cross-appeal by the Haryana Roadways. I have heard the learned counsel for the parties.