MAJOR PREM NATH SEHGAL Vs. JAGAT MOHAN

JUDGEMENT

(1.) F. A. O. No. 836 of 1985 was ordered to be heard along with F. AO. No. 856 of 1985 (filed by Dr. B. D. Chugh ). F. A. O. No. 856 of 1985 was disposed of by an order dated May 26, 1988, passed by G. C. Mital, J. in view of the settlement arrived at between the parties before the Lok Adalat. FAO. No. 836 of 1985 could not be disposed of and the same is being disposed of by this order.

(2.) MOTOR cycle bearing registration No. HRA 8181 was driven by Jagat Mohan, Sub-Inspector of Police (respondent No. 1) and the scooter bearing registration No. MHL 2641 was driven by Major Prem Nath Sehgal, appellant (and added as respondent No. 1 in RAO. No. 856 of 1985 ). Dr. B. D. Chugh (appellant in F. A. O. No. 856 of 1985) was the pillion rider of the motor cycle. Both the vehicles were involved in an accident on the road between Sectors 20 and 33, Chandigarh on November 18, 1982 between 11. 00 a. m. and 11. 25 a. m. In the said accident, some injuries were suffered by Dr. B. D. Chugh. Major P. N. Sehgal also suffered injuries and the scooter was also damaged. Dr. B. D. Chugh and Major P. N. Sehgal filed claim petitions under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act' ). The Motor Accidents Claims Tribunal, Chandigarh (for short 'the Tribunal'), vide its award dated March 28, 1985, awarded a compensation of Rs. 28,000/-to Dr. B. D. Chugh as against Major P. N. Sehgal and the National Insurance Co. Ltd. besides interest at the rate of 10 per cent on the said amount from the date of the petition till realisation. Major P. N. Sehgal was held entitled to a total compensation of Rs. 15,600/ -. However, the claim petition of Major Sehgal was dismissed by the Tribunal since findings on issue Nos. 1 and 2 were given against him.

(3.) THE facts: Dr. B. D. Chugh in his petition averred that motor cycle bearing registration No. HRA 8181, driven by Sub-Inspector Jagat Mohan, was moving on the road between Sectors 20 and 33 on its way towards Ambala and he was the pillion rider. The road in question is the main road. Major P. N. Sehgal, who was driving scooter bearing registration No. MHL 2641, entered the main road all of a sudden from the road of Sector 20 at a fast speed and without giving any signal or horn. The scooter hit the motor cycle and as a result of the impact of the accident, both the vehicles and their riders fell down. Dr. Chugh suffered fracture of his left leg. It is averred by Dr. Chugh in his petition that the accident took place due to the rash and negligent driving of scooter by Major P. N. Sehgal.