LAWS(P&H)-1996-10-43

RAJINDER KUMAR Vs. HARYANA STATE

Decided On October 07, 1996
RAJINDER KUMAR Appellant
V/S
HARYANA STATE THROUGH COLLECTOR Respondents

JUDGEMENT

(1.) THE claimants have filed the aforementioned three appeals against the award dated November 5, 1984, whereby in Claim Petition No. 8 of 1984 claimant Rajinder Kumar is awarded Rs. 1000/- for pain and suffering, Rs. 1300/- for medicine expenses and Rs. 200/- for loss of earning; in Claim petition No. 7 of 1984 claimant Veena Rani is awarded Rs. 500/- for pain and suffering and Rs. 250/- for medicine expenses; and in Claim Petition No. 9 of 1984 claimant Smt. Goma Devi is awarded Rs. 350/- for pain and suffering and Rs. 250/- for medicine expenses.

(2.) A brief resume of the case is that Veena Rani claimant is the wife of claimant Rajinder Kumar and Smt. Goma Devi is his father's sister. On October 8, 1983, they were coming in Rajinder Kumar's taxi bearing Regn. No. HRY-421 from Hisar town to his residence in urban Estate, Hisar. Rajinder Kumar was driving the taxi. Neena Rani and Goma Devi were sitting on the rear seats. When they reached near Pushpa Theatre, Hisar, Rajinder Kumar saw police van bearing No. HRF-3936 coming from Hansi side. Ram Kishan, driver of this Police van driving the same at a very excessive speed. The vehicle went out of his control. Rajinder Kumar slowed down his taxi and brought it on the kacha berm of the road on his left side. Ram Kishan brought his police van on his wrong side and rammed against the taxi of claimant Rajinder Kumar. Rajinder Kumar's taxi was badly damaged and all the three persons travelling in the taxi sustained injuries. They were taken to Jindal Hospital, Hisar, where all the three claimants remained as indoor patients from October 8, 1985, to October 17, 1983. Rajinder Kumar sustained five injuries, Goma Devi had two and Veena Rani sustained four injuries as detailed in the statement of Dr. R. K. Verma PW-1. Rajinder Kumar and Veena Rani were operated upon as well.

(3.) THE respondents denied the averments made in the claim petition.