VARINDERJIT SINGH Vs. TAJINDER SINGH

JUDGEMENT

(1.) THIS is claimant 'sappeal against the award dated 17.5.1995 passed by the Motor Accident Claims Tribunal, Jalandhar whereby the claim petition filed by the claimant has been dismissed Claimant, Appellant herein, filed a claim petition (MACT No. 26 of 1993) before the Motor Accident Claims Tribunal, Jalandhar alleging therein that on 25.3.1992 at about 2.30 p.m. he was on duty and was walking on Ladowali Road, Jalandhar on his left hand side of the road from Railway Crossing towards B.S.F. Chowk, when a tanker bearing Registration No. DIG/2511 came from B.S.F. Chowk side and hit the claimant/appellant. It is stated that the Tanker was being driven rashly and negligently by its driver and without blowing any horn the tanker came on the right hand side of the road and its front right hand side hit the claimant/appellant. The claimant sustained injuries and his left foot was completely crushed. It is also mentioned that the driver of the vehicle ran away from the spot. The claimant was brought to Civil Hospital, Jalandhar wherefrom he was shifted to Grand Hospital, Grand Trunk Road, Phagwara and he was operated upon there. According to the claimant, he was admitted as an indoor patient at Grand Hospital, Grand Trunk Road, Phagwara firstly from 25.3.1992 to 6.4.1992 and again from 11.5.1992 to 13.5.1992. At the time of the accident, the claimant was 25 years of age and was employed as a Constable in Punjab Police. His salary at the relevant time was Rs. 2,500/ - per month. It is alleged that the claimant incurred Rs. 20,890/ - on his treatment and also paid Rs. 15,000/ - as fee to the doctors who treated him. It is further alleged that the Claimant suffered permanent disability due to amputation of his left foot. He also claims to be an Athlete and a Volleyball player and because of amputation of his left foot, his sports career is completely wiped off.

(2.) RESPONDENTS No. 1 and 2 i.e. the owner and the driver of the offending Tanker filed a joint written statement. In the written statement filed, it is stated that the vehicle was not being driven rashly and negligently. While explaining the occurrence, it is stated that in fact the driver was driving the vehicle normally on his extreme left hand side of the road. It is further mentioned that the accident took place when the petitioner negligently tried to cross the road from the street leading to his residence. It is also mentioned that the claimant did not see towards his left hand side before crossing the road which resulted in the accident. Respondent No. 3 -Insurance Company denied the allegations in a routine manner and also disputed its liability on the plea that the driver of the vehicle was not having a valid driving licence at the time of the accident nor the vehicle was having a valid route permit and fitness certificate. It disputed its liability on the ground of alleged breach of terms and conditions of the Insurance Company.

(3.) IN order to prove this issue, the claimant himself entered into the witness box and also produced other witness Arvind Sharma. The claimant narrated the circumstances leading to the accident as alleged in the claim petition. However the witness of the claimant, namely, Arvind Sharma gave a different version of the occurrence. According to this witness, the claimant was running on scooter, when the Tanker hit the scooter and the left foot of the claimant got struck in the wheel of the offending tanker which dragged him for some distance. Besides this witness of occurrence, the claimant also produced Dr. Hari Singh Jaswal who stated that the claimant was treated by him at his Hospital at Phagwara from 25.3.1992 to 6.4.1992. The Tribunal concluded that the claimant has failed to prove the rash and negligent act of the driver of the vehicular accident involving the offending vehicle. The Tribunal also observed that it appears that the claimant has received injuries at some other place. Issue No. 1 was accordingly decided against the claimant/appellant. Consequently, the claim petition has been dismissed.