BRESTU RAM Vs. ANANT RAM

JUDGEMENT

(1.) BRESTU Ram, once a mason in the Beas-Sutlej Link Project, Sunder-nagar, drawing Rs. 650/- per month at that stage, appears to have been rendered penniless, if not to this extent, at least appears to be bony-structure moving about and into this court on crutches and appeals through his counsel, Mr. Rajeev Mehta, for the decision of his appeal filed in 1983. His complaint is justified as he had the right to move the court and the court has to render justice to the litigants, more so in such like cases, at the earliest. I proceed to examine his case with the assistance of learned counsel appearing for the parties.

(2.) THE facts, in brief, are that Brestu Ram (35) was working as a mason in the Beas-Sutlej Link Project, Sundernagar, and was drawing Rs. 650/- per month. He states that on 19.5.1977, he had gone to village Jakhehar to bring bamboos. He was standing on the correct side of the road and was 2/4 feet away from the metalled part of the same. In the meantime, truck No. HPM 841, belonging to respondent No. 1, came from Mandi side. It was being driven rashly. The bumper of the truck hit his legs. Grievous injuries to his person were caused. His legs were fractured and feet amputated resulting in 100 per cent permanent disablement.

(3.) THE claim petition was prepared on 18.8.1981 and was presented on 28.8.1981 and claim of Rs. 1,00,000/- with interest at the rate of 12 per cent per annum from the date of the institution of the application with costs has been made. It has been stated under item No. 24 of this application that the accident took place due to the rash and negligent act of the driver and both his legs were totally fractured and the feet had to be amputated. There were multiple injuries on his person and there was a fracture on his arm also. He remained as an indoor patient in Civil Hospital, Mandi, and thereafter he was treated at Snowdon Hospital, Shimla, and then again at Civil Hospital, Mandi. He was physically wrecked and mentally deranged. He got full senses on 15.8.1981. There was none to guide and pursue the matter on his behalf. He had little children and a village simpleton wife, so, the petition was within limitation.