ZILE SINGH Vs. MUKESH KUMAR

JUDGEMENT

(1.) THIS order will dispose of F. A. O. No. 1235 of 2000 and cross-objection No. 36-CII of 2004 filed against the award passed by the Motor accidents Claims Tribunal, Jind (for short 'the Tribunal') in M. A. C. T. Case No. 53 of 20. 10. 1997.

(2.) THE claimant-appellant filed a petition under the Motor Vehicles Act, 1988 (for short 'the Act') seeking compensation to the tune of Rs. 10,00,000 (rupees ten lakh) for the injuries suffered by him in the road accident.

(3.) THE case set up by the appellant-claimant was that while driving Haryana roadways bus No. HR 46-0238 he was coming from Delhi on 27. 2. 1997 and was going to Sangrur with the passengers. When the bus reached near bus stop Brahaman-was, at about 7. 40 a. m. , a trola bearing no. HR 46-9882 came from Jind side, i. e. , opposite side which was being driven by respondent Mukesh Kumar in a rash and negligent manner at a very high speed. The appellant in order to avoid the accident slowed down the bus, but the driver of offending trola all of a sudden turned the trola towards its left side and as a result, therefore, right side of the trola hit the bus and the bus was dragged towards the trola. As a result of the collision, the appellant-claimant and the passengers of the bus sustained grievous injuries. The appellant-claimant had suffered multiple injuries and was admitted at C. H. C. , Julana from where he was referred to Civil Hospital, Jind and from there, he was referred to Medical college and Hospital, Rohtak where he was admitted on 28. 2. 1997. He underwent three operations and due to injuries he became permanently disabled. Subsequently, the appellant was declared to be unfit for further service as driver in Haryana Roadways and on account of this he was compulsorily retired w. e. f. 3. 6. 1997, i. e. , 43 months before his date of superannuation.