PURAN CHAND Vs. BALBIR SINGH

JUDGEMENT

(1.) An award of the Motor Accidents Claims Tribunal, Kapurthala, has been challenged in appeal by the victim, dissatisfied with the sum of Rs. 30,000/-, awarded as compensation for the permanent loss of his limb, i.e., his right arm, short of the shoulder joint. The two cross-objectors separately are the owner of the offending truck, the insured, and the Insurance Company, the insurer, seeking wiping out or reduction of the sum awarded and, in either event of its maintenance or alteration, proper apportionment of the liability.

(2.) The accident which has given rise to this litigation took place on 7-10-1978 and the victim is Puran Chand AW 5, a police constable working with the Chandigarh Administration. He had an official errand to fulfil and, for the purpose, had boarded bus No. PUG-1772 belonging to the Punjab Roadways, from Jullundur in order to go to Gurdaspur. The same was driven by Karnail Singh AW 2. When the bus reached near a level crossing in the area of village Godana, falling within the jurisdiction of Police Station, Dhilwan, truck No. PNQ-2942 driven by Balbir Singh driver-respondent, came from the opposite direction at a high speed, being driven rashly and negligently, for it was headed to cause a head-on collision with the bus. The bus driver timely swerved to his left to avoid the accident. The truck all the same brushed by the bus, touching its body at its hind portion. Unfortunately, on the right hand side of the bus, on its third rear seat, the victim Puran Chand was sitting and, since a portion of his arm was out, it got traumatically chopped off near the shoulder joint. The severed arm fell on the road and part of it was dismembered. According to the victim, it happened when on the swerving of the bus, the two passengers sitting on his left side suddenly leaned on him with a jerk and thus his right arm, due to their weight, got pushed out of the window and, at that moment, the truck hit him causing the dismemberment of his arm. The offending truck, in any case, fled away. Its number was noted by the bus driver. He lodged the first information report at Police Station, Dhilwan. Besides, he took the victim to Civil Hospital, Jullundur, where Dr. Joginder Singh Rattan AW 1 examined him and extended him medicare. Finally, at the trial, the doctor opined that Puran Chand had suffered permanent damage to his right upper arm and, for that reason, he was not in a position to do any strenuous or hard work. He termed his disability complete and rather permanent.

(3.) The claimant claimed a sum of Rs. one lac as compensation before the Motor Accidents Claims Tribunal.