P.R. VALAYU DHAN Vs. R.P. KHOSLA

JUDGEMENT

(1.) ON 21st April, 1981 Mr. Justice R P. Khosla (retired Judge of this Court) (hereinafter called 'Justice Khosla'), was coming to Chandigarh from Delhi in his fiat car No. CH 200. When he was on G.T. Road near D.A.V. High Secondary School, Dera Bassi, at about 8.30 PM, truck No. HRE 138 owned by Mukandi Lal and driven by Valayu Dhan and insured with the New India Assurance Company Ltd. came from the opposite direction. The truck collided with the car, as a result of which Justice Khosla received multiple injuries and the car was extensively damaged. Justice Khosla was removed to PGI, Chandigarh. When examined, the doctors found the following injuries:

(2.) THE doctor in his statement made on oath before the Court stated that Justice Khosla, who was 76 years old at the time of accident, remained under treatment by way of follow-up, after discharge from ths hospital a,s an out-door patient. In the beginning he was advised active exercise, non weight warning and crutch walking. Subsequently, he was examined and treated on 2-7-1981, 16-7-1981, 24-3-1982, 5-5-1982, 6-8-1982 and 7-8-1982. The doctor had made his statement on 10-9-1982. According to his opinion Justice Khosla was not relieved of the trouble because of the dislocation of the hip and there were possibilities of avascular necrosis of the head of the femur. Even till then, that is, more than a year after the accident Justice Khosla was suffering from pain, had difficulty in climbing the stairs. The X-ray taken on 5-5-1982 had revealed extra articular calsification and for the pain in the hip short wave diathermy course was advised. Since over a year had passed by then since accident Justice Khosla had not recovered and the doctor was of the opinion that there was possibility of 40 percent permanent physical impairment in the right lower extremity.

(3.) INVESTIGATING Officer Gulzar Singh appeared as PW 7 and stated that he was not able to record the statement of Justice Khosla for completing the investigation regarding the FIR lodged after the accident, for 9 days because earlier to that he was not fit to make a statement. Justice Khosla was driving the car and the photographs on the record show how the car was completely damaged on the right side, that is the driver's side. After seeing the photographs, one can only say that Justice Khosla was lucky to survive. The case was contested. The blame for the accident was put on the claimant.