KAUSHALYA DEVI Vs. LAKHBIR SOOD

JUDGEMENT

(1.) BOTH the appeals arise out of a common judgment passed on 6th November, 1982, by learned single Judge of this court in F.A.O. Nos. 33 and 35 of 1977 whereby the award made on 16th May, 1977, by Motor Accidents Claims Tribunal, Solan and Sirmaur Districts, camp at Solan, awarding compensation to late Kishan Swarup Thapar, claimant, was modified.

(2.) CLAIMANT Kishan Swarup Thapar, a practising advocate of Punjab and Haryana High Court at Chandigarh, received serious injuries when Fiat car bearing registration No. DLH 5220 collided with goods carrier truck No. HRA 606 on 25th August, 1970, near post office Kandaghat on Shimla Kalka National Highway. The car was owned by Dr. Lakhbir Sood and was at the relevant time being driven by his brother Amrit Lal Sood. It was insured with Jupiter General Insurance Co. Ltd. The claimant had been engaged as a counsel by Amrit Lal Sood for conducting proceedings on his behalf in a case pending in this court, namely, Bhagwan Finance Private Limited v. State of Himachal Pradesh and it was Amrit Lal Sood who had provided lift to the claimant as per his professional engagement for bringing the claimant up to Shimla to appear in the said case on the relevant date.

(3.) THE Claims Tribunal held that the accident occurred due to rash and negligent driving of the car by Amrit Lal Sood and consequently held the owner of the car, namely, Dr. Lakhbir Sood, to be vicariously liable to pay compensation. Jupiter General Insurance Co. Ltd. with whom the car had been insured was also held liable to indemnify the claim. On the question of quantum of compensation the Claims Tribunal allowed a sum of Rs. 1,000/ towards the medical expenses including ambulance charges for taking the claimant from Snowdon Hospital to Chandigarh on 31st August, 1970, Rs. 2,000/ towards loss of professional income for two months due to hospitalisation and remaining confined to bed from 25th August, 1970 to 5th October, 1970, Rs. 10,800/ as a loss of earning capacity due to restriction of movements, inability to work, etc., for a period of three years at a rate of Rs. 300/ per month and another sum of Rs. 2,000/ for physical sufferings. Nothing was awarded by the Claims Tribunal on account of loss of pleasures of life and resultant disability in using the right arm. The Claims Tribunal thus made an award of Rs. 15,800/ along with interest at the rate of 10 per cent per annum from the date of award till the date of payment.