ORIENTAL INSURANCE COMPANY LTD. Vs. SWARAN SINGH

JUDGEMENT

(1.) By this common order, I intend to dispose of FAO 6876- 2011, titled as 'Oriental Insurance Company Ltd., Chandigarh vs. Swaran Singh and and others' and FAO 1152-2012, titled as 'Swaran Singh vs. Umesh Singla @ Happy and and others', as both these appeals have arisen out of the same award.

(2.) Briefly stated, Petitioner - claimant Swaran Singh son of Wadhawa Singh, aged 58 years, through his wife, natural guardian and next friend Smt. Surjit Kaur, resident of Alameda, USA, now Ambala City, had brought a claim petition under Section 166 of the Motor Vehicles Act, against respondents i.e. Umesh Singla @ Happy- driver, Pankaj Singla - owner and the Oriental Insurance Company Limited, Ambala - insurer of motorcycle bearing registration No. HR 01 T 6154 (hereinafter to be referred as 'the offending vehicle'), claiming compensation on account of receiving injuries in a roadside accident, which had taken place on 23.5.2006, involving the motorcycle in question.

(3.) As per version of the petitioner-claimant on 23.5.2006, the claimant alongwith one Jaspal Singh was going for a walk from his house situated in Basant Vihar towards Central Jail, Ambala City. Both of them were walking on the correct left hand side of the road on its 'kacha' berm. At about 6.30 A.M. when they had reached near Royal Palace, Ambala City, a motorcycle bearing registration No. HR-01-T-6154, being driven in a rash and negligent manner, driven by Umesh Singla @ Happy - respondent No.1, came from their rear side and struck against the claimant, by coming on the extreme left side of the road. Resultantly, the claimant fell down and suffered multiple serious injuries on his back and head. He was taken to Kuldeep Hospital, Ambala City, from where he was shifted to K.D. Hospital, Ambala Cantt. Thereafter he was referred to Fortis Hospital, Mohali, where he remained admitted from 23.5.2006 to 29.6.2006. Brain surgery of the claimant was undertaken in that hospital and till the time of filing of claim petition, he was undergoing treatment and a sum of Rs.10 lakhs has already been spent on his treatment. He is in a state of comma and has become permanent disabled. He is a non-resident Indian settled in USA and used to earn 1,22,000 dollars. However, on account of receipt of injuries in the mishap, he is unable to move around and is totally dependent upon others. He prayed that a compensation amount of Rs.10 crores be granted to him payable by the respondents.