ORIENTAL INSURANCE CO. LTD. Vs. TOP BAHADUR

JUDGEMENT

(1.) THIS appeal arises out of the award of the Motor Accidents Claims Tribunal, Solan (hereinafter 'the Tribunal') in M.A.C. Petition No. 26 S/2 of 1984, dated 17.6.1988. Briefly, the facts may be narrated thus.

(2.) THE claimant was enrolled as recruit in 14 Gorkha Training Centre, Subathu, on 15.9.1983. During the course of training, he was required to participate in Battle Physical Efficiency Test during the morning hours of 20.3.1984 along with other recruits. All the recruits were required to participate in a long race from Subathu to Dharampur and back. While racing back from Dharampur to Subathu, when they reached near Forest Rest House, Subathu, at 8.10 a.m., respondent No. 1 came from behind on his scooter and knocked down the claimant who fell on the ground and sustained fracture of lower end of right fibula and multiple abrasions on the right knee and elbow. He was removed to the Military Hospital for medical treatment. Ultimately, the Medical Board, held at Military Hospital, Kasauli, declared his disability to the extent of 20 per cent on account of the fracture in the leg for two years. Consequently, the claimant was discharged from the training centre on 21.1.1985 as the injury was not found curable within six months as required under the rules. The age of the claimant at the time of accident was 21 years and he was drawing Rs. 514.65 per mensem besides the 'ration' money and accommodation rent in the sum of Rs. 250/ and Rs. 35/ respectively, total coming to Rs. 764.65. Compensation has been claimed for loss of bright future and earnings on account of disfigurement and permanent disability. It has been alleged that the accident took place on account of the rash and negligent driving of the scooter by respondent No. 1. The vehicle involved in the accident was owned by respondent No. 3 and it was sold by him to respondent No. 1 on 9.3.1984. It was duly insured for third party risk with respondent No. 2 in favour of respondent No. 3 and the insurance cover was from 30.11.1983 to 29.11.1984. Claim petition was instituted on 22.10.84 with an application under Section 5 of the Limitation Act seeking condonation of delay of 33 days in filing the petition on the ground that the claimant, after being discharged from the Military Hospital, was unable to move about due to pain and medical advice.

(3.) FOLLOWING issues were framed by the Tribunal in this case: