JODHAN MAL Vs. STATE OF H P

JUDGEMENT

(1.) Jodha Mal (Jodhan Mal), claimant, challenges award of Motor Accident Claims Tribunal, Rupnagar Jan. 24, 1984 vide which his claim application was dismissed. Jodha Mal claimed Rs. 50,000/- as damages on account of the injuries suffered by him in a motor vehicular accident, which took place on May 10, 1982. He was travelling from Delhi to Una by bus No. HPG 2237 belonging to Himachal Pradesh Government. At about 3.30 A.M. on that day the bus met with an accident near village Bharatgarh tehsil Rupnagar. Due to carelessness and negligence of driver of the bus, it overturned and Jodha Mal suffered injuries. He was admitted in the Post Graduate Institute on the same day and was finally discharged on May 26, 1982. A case was also registered vide FIR dt. May 10, 1982 regarding the accident. Jodha Mal served a notice for recovery of Rs. 10,000/- as compensation from the State of Himachal Pradesh. The said amount is for expenditure on travelling expenses and costs of medicines etc. The matter remained in correspondence with the State of Himachal Pradesh and ultimately he filed the present claim application on May 24, 1983.

(2.) The claim was contested by the respondents. Plea of limitation was taken. The accident was admitted, but it was denied that the same occurred on account of negligence of the driver of the bus or that the claimant suffered injuries. Receipt of notice was admitted whereby the claimant asked for payment of Rs. 10,000/-. The bus was driven at a normal speed and suddenly the main spring leaf of the driver side broke down which pushed the bus on the right side and thus the accident took place. It was not due to the rashness or negligence of the driver. The claim was alleged to be highly exaggerated. The Tribunal framed the following issues : -

(3.) An application for condonation of delay in filing the claim application was filed inter alia alleging that after the accident, through counsel, notice was given to the respondents on Aug. 16, 1982 to pay compensation. The respondents 1 to 3 adopted delaying tactics while writing several letters and last letter was received which is dt. Feb. 21, 1983. During this period the respondents continued getting details of the claim. The delay in filing the claim was not intentional and was not the result of negligent act on the part of the claimant. PW 2 Jodha Mal deposed about several letters written to the respondents and the replies received. Exhibit P1 is the copy of the registered notice which was given to the General Manager, Himachal Road Transport Corporation, Shimla and the Regional Manager, Himachal Road Transport Corporation, Una. Complete details of the accident and the injuries suffered by the claimant were given. Even the ticket numbers and the denomination of the tickets were also given, A sum of Rs. 10,000/- was claimed on account of expenditure met on medicines and travelling etc. Exhibits P2 and P3 are the acknowledgment receipts of this notice. Exhibit P4 is the letter from the Regional Manager, Himachal Rood Transport Corporation, Una, addressed to the General Manager, Himachal Road Transport Corporation, Shimla Copy of the same was sent to Shri B.N. Khanna, Advocate, Una, who had sent notice Exhibit P1. It was intimated in this letter that In charge, Himachal Road Transport Corporation, Nalagarh had, time and again, been requested to send accident enquiry report in the absence of which it was not possible to submit comments on the notice. Exhibit P5 is the reminder to the letter Exhibit P4, copy of which was also sent to Shri B.N. Khanna, Advocate. Exhibit P6 is yet another reminder mentioning therein that the matter had already been sufficiently delayed and suitable reply be sent. Exhibit P8 is copy of the letter sent by Regional Manager to Jodha Mal, the claimant. It is dt. Dec. 23,1982 asking him to send journey tickets in original so that further action in the matter be taken. Exhibit P9 is another letter of the Regional Manager, addressed to Chief Medical Officer, Civil Hospital Una, mentioning therein that the accident had taken place and list of those injured passengers was required with regard to compensation cases. Copy of this letter was also sent to Shri B.N. Khanna Advocate. Exhibit P10 is a letter written by Shri B.N. Khanna to the Regional Manager, Una, whereby photostat copies of the journey tickets were sent to General Manager at Shimla.