MAJOR VIVEK GUPTA Vs. PARVATI DEVI

JUDGEMENT

(1.) BOTH these petitions are being disposed of by a common judgment as they arise out of the same accident.

(2.) THE claimant, who was serving in the Indian Army, filed this petition claiming damages for the accident in which he suffered injuries which took place on 26.08.2000 at around 1.30 P.M. when he was going Mhow from Krishan Ganj in District Indore on his Motorcycle No. HP -07 -4400, which was struck by a truck bearing registration No. MP -09KA -7257. FIR No. 299 of 2000, dated 26.8.2000 was registered at Police Station Krishan Ganj in District Indore under Sections 279, 336 Indian Penal Code against Respondent No. 2 Babu Singh. The Petitioner sustained multiple injuries as certified by the Military Hospital Mhow where he was admitted for treatment. After receiving first aid treatment at Civil Nursing Home, he was brought to the Hospital by Lieutenant Joydeep Thapa and Lieutenant Rohit Gupta. It is pleaded that at that time, the Petitioner was under unconscious stage. He received head injuries and collarbone abrasion of his right side. He was admitted in Military Hospital, Mhow for about three weeks and again treated in Military Hospital, Jatogh, Shimla. The Petitioner claims that the nature of his injuries has totally ruined his career as now he is unfit to be promoted to the other higher rank. At the time of the accident he was undergoing an advance course at the Infantry School, Mhow. The petition was resisted by the Insurance Company on a number of grounds including the maintainability of the petition.

(3.) THREE issues, namely; (a) as to whether the Petitioner has suffered injuries because of the rash and negligence driving, (b) whether petition is bad for non -joinder of necessary parties and (c) whether accident in question has taken place due to the contributory negligence of the Petitioner, were tried together by the learned Tribunal.