RAJINDER OIL MILLS LTD Vs. RAM CHANDER

JUDGEMENT

(1.) This appeal arises out of the following facts :

(2.) On 7th December, 1992 Ram Chander, claimant-respondent and his friend Naresh Kumar were going on a scooter (No. UTC 5049) from the Industrial area towards Hisar city. Naresh Kumar was driving the scooter whereas the claimant was sitting behind him. When they reached near the Branch of the State Bank of India, a truck bearing No. HRB 4975 driven rashly and negligently by Dilbag Singh came from the opposite side. The front wheel of the truck struck against the scooter, as a result of which the scooter riders fell on the ground and received grievous injuries while the truck driver ran away from the spot leaving the truck. The right leg of the claimant was badly fractured in the accident and was later on amputated. As a result of the accident, an FIR was registered and a claim petition filed before the Motor Accident Claims Tribunal, Hissar. The claimant urged that he was 35 years of age at the time of the accident and was drawing a salary of Rs. 3000/- per month and had suffered grievous injuries on his right leg leading to its amputation, He also claimed certain amount towards his medical expenses. The truck driver Dilbag Singh in his written statement took up the stand that truck No. HRB 4975 had not been involved in the accident and the accident had taken place due to the rash and negligent driving of the scooter by Naresh Kumar as he was not observing the traffic rules as he was under the influence of liquor. Respondent Nos. 2 and 3, the present appellant (owner of the truck) and insurer of the offending truck gave somewhat similar versions wherein they urged that the truck had been involved in the accident but the accident had taken place as Naresh Kumar as well as the claimant were under the influence of drinks. It was also pleaded that the claimant's leg had to be amputated for want of proper, medical care.

(3.) On the pleadings of the parties, the following issues were framed by the Tribunal :