MASTER PUSHKAR GARG Vs. MANJIT SINGH

JUDGEMENT

(1.) CLAIMANT Pushkar Raj is a minor. On 19.9.1994 when he was just about 4 years old he was hit by a Gypsy bearing No. HP-08-004, owned by Manjit Singh Thakur. The petitioner was walking towards school when he was hit by the Gypsy from behind. He was shifted to Civil Hospital, Rohru and then referred to Indira Gandhi Medical College, Shimla. In the accident the petitioner is alleged to have suffered head injuries and injuries in the ear which have led to severe impairment of his hearing and it is also alleged that his mental faculties have been impaired. It is further alleged that due to the accident he has developed some psychiatric problems.

(2.) MANJIT Singh Thakur filed a reply and did not deny the accident. The stand taken was that the petitioner, all of a sudden, came into the middle of the road and struck against the Gypsy. It was further alleged that the vehicle was insured with the Oriental Insurance Company, Shimla and the liability, if any to pay the compensation, was that of the Insurance company. The Insurance Company denied the factum of insurance itself. The learned tribunal awarded a sum of Rs.75,000/- as compensation to the petitioner and held Manjit Singh liable to pay the said amount. The Insurance Company was exonerated on the ground that since there was no material on record to show that the vehicle was insured with the Insurance Company.

(3.) ALL these applications for additional evidence have been heard. The Insurance Company has not denied the validity of the cover note, but according to it the owner cannot be permitted to make good the lacunae in the case at this belated stage. The Insurance Company has also denied the correctness of the driving license produced.