GURMIT SINGH Vs. JASWINDER KAUR AND ANOTHER

JUDGEMENT

(1.) In this case, service is complete. However, none is present on behalf of the respondents. The Insurance Company, in this case, is Oriental Insurance Company. One of its panel counsel is Mr. Ravinder Arora, who is present in Court, and accepts notice at the asking of the Court.

(2.) I have heard learned counsel for the parties and with their assistance have gone through the record.

(3.) An accident took place on 25.02.2003 between an Ambulance of A.P. Jain Hospital, Rajpura, and a Tata Qualis vehicle. The Ambulance had gone to Patiala for shifting a patient to Rajindra Hospital, Patiala, and the claimant was also present in the said Ambulance because the patient was acquainted with him. After leaving the patient at Rajindra Hospital, Patiala, the Ambulance was going back and near Rajpura-Sirhind bye-pass road, it was struck by a Tata Qualis, which was being driven in a rash and negligent manner. As result of the collision, the Ambulance fell into the ditches on the left side of the road. The driver of the Ambulance, the claimant and the driver of the Tata Qualis suffered multiple injuries. All of them were taken to Rajindra Hospital, Patiala, for treatment. On the statement of the driver of the Ambulance, FIR No. 109 of the year 2003 was registered. The claimant was referred to PGI, Chandigarh and he remained admitted there till 07.03.2003. Thereafter, he remained under treatment at A.P. Jain Hospital, Rajpura till 23.07.2003. The age of the claimant at the time of accident is stated to be twenty years and he was working as a contractor of cycle stand in the said A.P. Jain Hospital, Rajpura. It is claimed that his monthly income was Rs. 3,000/-. As a result of the accident, he suffered compound fracture of cervical spine resulting in neuorological deficit and became permanently disabled.