ROSHAN LAL Vs. ANGREJ SINGH

JUDGEMENT

(1.) Petitioner - claimant - Roshan Lal representing that he has less IQ due to the accident, through his next friend and natural guardian Smt.Lachhmi, his mother, had filed a petition under Sec. 163-A of Motor Vehicles Act, 1988 against respondents i.e. Angrej Singh - driver, Pargat Singh - owner, M/s Bajaj Allianz General Insurance Company Ltd. - insurer of motorcycle No.HR40-2575 (hereinafter referred to as the offending vehicle).

(2.) In the claim petition, he had initially impleaded Subhash, driver of motorcycle No.HR05K-3137 as well as owner and insurance company of that motorcycle mentioning that their particulars were not known to the claimant, subsequently such respondents No.4 to 6 were given up by the claimant.

(3.) As per the case of the claimant on 4/7/2008, he was pillion riding motorcycle having registration No.HR05K-3137, which was being driven by respondent No.4 - Subhash at a very high speed; that when the motorcycle in question was about 1/2 k.m. short of village Bilona, then another motorcycle bearing registration No.HR40-2575 driven by respondent No.1 - Angrej Singh at a very high speed and in a rash and negligent manner came from opposite direction and struck against motorcycle having registration No.HR05K-3137, resultantly he suffered multiple serious and grievous injuries including those on vital parts of his body; that after the accident, he was taken to Government Hospital, Assandh from where he was referred to General Hospital, Karnal and from that institution to PGI, Chandigarh. The claimant got treatment from those hospitals as well as some private medical institutions. However, due to the injuries suffered by him in the mishap, the claimant has become permanently disabled and has lost his mental equilibrium on account of head injuries received by him. According to the case of the claimant, before the accident, he was hale and hearty working as a skilled labourer earning a sum of Rs.3,300.00 per month; that he was aged about 19-20 years at that time; that he had spent a sum of Rs.10.00 lacs on his treatment including special diet, hospitalization; that the accident had taken place due to rash and negligent driving of both the motorcycles driven by respondents No.1 and 4, respectively; that formal FIR No.228 dtd. 5/7/2008 for the offences under Ss. 279, 337 and 338 IPC was registered at Police Station Assandh against respondent No.1. The claimant prayed that a compensation of Rs.10.00 lacs be granted to him.