HINDUSTHAN GENERAL INSURANCE Vs. DAYA NATH JHA

JUDGEMENT

(1.) BOTH these miscellaneous appeals under Section 110D of the Motor Vehicles Act, 1939, hereinafter called " the Act " are from the judgment and award of the District Judge of Gaya, constituting a Claims Tribunal by the State Government under Section 110(1) of the Act. Miscellaneous Appeal No. 58 of 1966 has been preferred by Shri Daya Nath Jha, the claimant, and Miscellaneous Appeal No. 53 of 1966 is by M/s. Hindusthan General Insurance Society Ltd, respondent No. 1 in the former appeal. BOTH the appeals are being disposed of by a common judgment wherein hereinafter the parties will be referred to in accordance with their respective position as appellant and respondents in Miscellaneous Appeal No. 58 of 1966.

(2.) THE appellant at the relevant time was the Chief Engineer, Public Health Engineering Department, Government of Bihar, Patna. On the 30th April, 1963, after finishing his tour of Dhanbad, Giridih, etc., he came to Rajauli and took the Nawadah-Rajauli Road and proceeded towards Patna. At about 4 p.m. when he had proceeded two miles ahead of that road which runs south to north and had crossed one diversion in his car bearing No. BRR 4356, he saw when he was at a distance, of about 500 yards from the said diversion two trucks coming from the opposite direction, that is, north to south. THE hinder truck was trying to overtake the truck going ahead. Shri Jha then cautioned his driver to slow the speed and take to left. THE first truck passed off, but the hinder truck which was trying to overtake the former truck struck seriously against the car of Shri Jha and an accident occurred. In the car were travelling, besides the claimant, his driver Ram Swarath Jha and his orderly peon, Ram Nagina Ojha. A thikedar and his men were working on a culvert, where he had crossed the diversion and they all ran towards them. Shri Jha and his orderly peon who were seriously injured in the accident were taken on a truck which was passing by the road to Nawadah Hospital. THE driver subsequently was taken in the car of one Shri Tripathy, another engineer, who was passing that way, to Nawadah Hospital. After getting first aid there, Shri Jha was admitted into the Patna Medical College Hospital where he was detained for about 27 days. He was in a cottage ward under the treatment of Dr. B. Mukho-padhyaya.

(3.) THE Tribunal framed as many as five points for determination in the case before it; and, on the oral and documentary evidence adduced, it held :