LAWS(P&H)-2007-12-73

UNITED INDIA INSURANCE CO. Vs. ROSHAN LAL

Decided On December 20, 2007
UNITED INDIA INSURANCE CO. Appellant
V/S
ROSHAN LAL Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid appeal, and the cross-objections against the Award dated 6.11.1989, rendered by the Court of Motor Accident Claims Tribunal, Ludhiana, relating to the same accident.

(2.) THE facts, in brief, are that on 23.07.1986, Roshan Lal along with his other relatives, was travelling in a car, bearing registration No. PAV-920 from the side of Ambala to Ludhiana, and when they reached near Dhandari Kalan, a Jeep bearing registration No. PJQ-3912, came from the opposite side, and hit against the aforesaid car. The jeep was owned by the Punjab State Electricity Board, and was attached with the office of the Executive Engineer, PSEB, Amritsar. It was being driven rashly and negligently by Parkash Chand, respondent No. 7. When the said jeep struck against the aforesaid car, Roshan Lal, claimant, sustained serious injuries. It was further stated that, subsequently, the police officials, obtained the signatures of Roshan Lal, on some blank papers, and respondent Nos. 1 and 2, in connivance with the police, changed the entire version of the accident. It was further stated that Roshan Lal also suffered fracture of his right thigh bone, on account of this accident. His right leg was shortened by half inch, which amounted to permanent disability. Therefore, he is neither able to work normally, nor walk properly, without crutches. He remained admitted in the hospital, for a considerable period, and underwent operation. He spent a huge amount, on his treatment and also suffered physical pain and mental agony, on account of the injuries, sustained by him, in the said accident. Accordingly, he filed a claim petition, for the grant of compensation in the sum of Rs. 2.00 lacs (two lacs) against the Punjab State Electricity Board, Patiala, respondent No. 1, Executive Engineer, PSEB, Amritsar, respondent No. 2, Parkash Chand, Driver of jeep, respondent No. 7, and United India Insurance Company, the insurer of the jeep, respondent No. 6.

(3.) RESPONDENT Nos. 5, insurer of the car, filed written statement, denying the factum of accident. It stated that its liability was only to the tune of Rs. 15,000/-.