STATE OF HIMACHAL PRADESH Vs. SHRICHAND KISHAN HAZRI

JUDGEMENT

(1.) THESE appeals F.A.O. (MVA) No. 26 of 1982, State of Himachal Pradesh and Ors. v. Chand Krishan Hazari and Anr., FAO (MVA) No.29 of 1982, Chand Krishan Hazari v. State of Himachal Pradesh and Ors, FAO (MVA) No. 30 of 1982, Indu Hazari v. State of Himachal Pradesh and Ors, and FAO(MVA) No. 34 of 1982, State of Himachal Pradesh and Ors v. Indu Hazari and Anr. arise out of the same accident and the common award. The facts, evidence and the principles of law being common, they are being taken up for decision together by a common judgment.

(2.) THE facts, in brief, are that Shri Chand Krishan Hazari travelling by car No. DLK 2795 on 4.7.1970 at about 1 pm along with his wife, Indu Hazari and other members of the family, left Manali for Delhi; met with an accident with truck No. HIM- 3280, owned by the Government of Himachal Pradesh (Public Works Department), coming from opposite direction, driven by Om Prakash; it collided with the right side of the car. The collision was that serious that the car was pushed back by about 15 feet. The result of the accident was that Shri Chand Krishan Hazari got number of serious multiple fractures, besides number of other injuries, on his person. His wife, Shrimati Indu hazari, also sustained minor injuries. The injured were removed to a hospital at Manali where they got treatment for a few days and then they were taken to New Delhi where Chand Krishan Hazari was admitted as an indoor patient at All India Institute of Medical Sciences. He remained admitted for many months and even after the treatment he complained his inability to walk long distances and pains to himself due to these injuries.

(3.) ON the pleadings of the parties, the Motor Accident Claims Tribunal framed the following issues: