MOHAN LAL AND ANR. Vs. KUMARI BABBI

JUDGEMENT

(1.) THIS judgment will dispose of two cross -appeals Nos. 78 and 140 of 1962 against the order of the Motor Accidents Claims Tribunal, Punjab dated the 30th of March, 1962, by which he awarded Rs. 14,000/ - along with costs to Kumari Babbi as compensation under the Motor Vehicles Act, 1939 (hereinafter referred to as the Act), against Mohan Lal and the Premier Insurance Co. Ltd., owner and insurer of Vehicle No. DLE -5125 respectively. Kumuri Babbi in her appeal No. 140 of 1962 has prayed that the amount of compensation allowed to her should be enhanced while the Appellants in the other appeal have prayed for dismissal of her claim application in toto. The facts giving rise to these briefly stated run as follows. Kamari Babbi is daughter of Abnash Chander A.W. 5. She was born on 28th June, 1955, at New Delhi and at the age of one year and two months she suffered from an attack of infantile hemiplegia as a result of which her right side was paralyzed. After continuous treatment she partly recovered and was able to walk with her right leg although her right arm made no appreciable progress. Her power of speech also was affected to a considerable strength but she could utter a few words and make herself understand. Abnash Chander A.W. 5 was posted as Superintendent of Police, Rohtak, in the month of May, 1959, and his daughter Kumari Babbi used to live with him. On 17th May, 1959, at about 7 -15 A.M. she started from her house for the park and when she had crossed a major part of the intervening road, she was knocked down by truck No. DLE -5125 which was loaded with sugar bags and was coming at a high speed from Delhi side. Sukhbir Singh was driving the truck at the time. Chander Prakash A.W. 1, Matwal Chand A.W. 2, Inder Lal A.W. 3 and Tarlok Singh who was examined on commission saw the accident. The truck stopped at a distance of about 100 feet from the place where the girl lay injured. Chander Prakash A.W. 1 and others brought the girl in the truck to the Civil Hospital, Rohtak. The first of them rang up the police station. Jagdish Rai, A.S.I. A.W. 4 reached the Hospital and recorded the statement of Chander Prakash, A.W. 1/1. He arrested the driver and took the truck into possession. Abnash Chander A.W. 5 also on receipt of the information rushed to the Hospital.

(2.) DR . P.R. Sondhi Civil Surgeon and Dr. H.S. Bahl, both examined Kumari Babbi on 17th May, 1959. The Civil Surgeon noticed complete avulsion of skin of her left leg from above the knee to the ankle. Some muscles of the legs were also crushed. He also examined the injured on 5th August, 1951, the date on which his statement was taken by the Tribunal and observed as under:

(3.) THE Premier Insurance Co., Ltd. Madras, Respondent in their written statement pleaded that since they and Mohan Lal were not made parties to the claim application within the time prescribed by law, so it was barred by time against them and that neither Mohan Lal was owner of truck No. DLE -5125 on the date of the accident, i.e. 17th May, 1959, nor Sukhbir Singh was his employee. They further averred that Sukhbir Singh did not have any valid driving licence to drive the vehicle and so they were not liable, as the use of the vehicle was against the condition, and terms of the licence and the terms of the insurance policy. They went on to explain that Kumari Babbi was a child of tender age and had defective mental condition and development and the accident was solely due to her own rashly and negligently rushing towards the vehicle. Sukhbir Singh, driver, in order to save the child moved to the extreme right side of the road and that was all which he could have done to avert the accident. Mohan Lal, the other contesting Respondent also pleaded in similar terms.