STATE OF PUNJAB Vs. CHANDAN KUMAR MANDAL

JUDGEMENT

(1.) In accident which took place on 10.8.1993 near the village Kangu, Tehsil Sundernagar of the District Mandi, involving the bus No. PB 12-8219 belonging to the appellants and truck No. HP 32-0972 belonging to the respondent No. 2 Nand Lal, and of which respondent No. 3 was the insurer, grievous injuries were sustained by the respondent No. 1 Chandan Kumar on his right arm, who was then travelling in the said bus belonging to the appellants. As a result of such injuries the right arm of respondent No. 1 had to be amputated from shoulder level.

(2.) Alleging composite negligence on the part of the two drivers of the vehicles involved in the accident, respondent No. 1 approached the learned Motor Accidents Claims Tribunal (1), Mandi (for short, 'the Tribunal') under section 166 of the Motor Vehicles Act, 1988, seeking compensation to the tune of Rs. 10,00,000 for the injuries and disability sustained by him.

(3.) Respondent No. 2, the owner of the truck, while resisting the claim petition, in his reply did not deny the accident and pleaded that the accident was as a result of the rash and negligent driving on the part of the driver of the bus belonging to the appellants.