SATISH KUMAR Vs. ZILE SINGH

JUDGEMENT

(1.) ON 24-9-1979 at about 8.30 P.M. there was a collusion between tractor trolly No. HRJ--5623 and Auto Rickshaw No. HYA 6875 coming from opposite directions, near Prem Nagar between Ambala City and Ambala Cantt. Satish Kumar aged 26 years, a passanger of the Auto-Rickshaw, received injuries. One of his leg was fractured. According to P.W. 5, he was admitted in P.G.I., Chandigarh thrice and was operated upon six times. Last time he was discharged on 20-8-1981 and the opinion of the Doctor was that he had lost 75 per cent of his earning capacity.

(2.) HE filed a claim petition before the Motor Accident Claims Tribunal for the award of Rs. 40,000/-. The owner of the Tractor trolly denied the accident and pleaded that he was falsely implicated. The parties want on trial on the following issues: (1) Whether the petitioner received injuries on account of the rash and negligent driving of the vehicle No. HRJ-5623 by respondent No. 1? (2) To what amount of compensation, if any, the claimant is entitled? (3) Relief.

(3.) AFTER going through the evidence on the record and bearing the learned Counsel for the parties. I am of the view that the decision of the court below on issue No. 1 deserves to be reversed. On 25-9-1979, the F.I.R. No. 427 was recorded at 7.45 P.M. on the statement of Surinder Kumar eye-witness, driver of the Auto-Rickshaw, wherein the registration number of the tractor trolley was correctly recorded. Regarding the description of the driver of the tractor trolly, it was mentioned that he was a sardar gentleman. This person appeared as P.W. 6 and before the Tribunal identified the respondent present in court as the person who was driving the tractor trolly. It is true that the driver of the tractor trolly is not a sikh gentleman but be wears turban and that is why when the accident took place at night time the driver of the Auto-Rickshaw, while getting the F.I.R. recorded, said that the driver of the tractor trolly was a sardar. I do not think any capital could have been made from this small discrepancy which stands explained because of the fact that the driver of the tractor trolly wears turban.