SAGARMAL AGRAWAL Vs. BHARTIYA CONSTRUETION

JUDGEMENT

(1.) BOTH the appeals have been preferred against the judgment and award passed analogously on 2.4.1990 by the then 1st Additional District Judge -cum -Motor Accident Claims Tribunal, Jamshedpur, in M.J.C. Case No. 34. of 1985 and M.J.C. Case No. 35 of 1985. As the appeals arise out of the same judgment and award, both have been heard analogously and are also disposed of by a single judgment.

(2.) THE claimant of M.J.C. No. 34 of 1985 has preferred M.A. No. 615 of 1990 (R) while M.A. No. 616 of 1990 (R) has been preferred by the claimant of M.J.C. No. 35 of 1985. Both the appellants -claimants are related to each other as father and son.

(3.) THE occurrence took place on 4.11.1984. Both the appellants were travelling on a Rajdoot Motor Cycle bearing registration no. BRX 2381. from Jugsalai to Haldipokhar. The motor cycle was driven by Sagarmal Agrawal, the father while the son Ajoy Kumar Agrawal was pillion rider. When the appellants reached near village Tiruldih at about 15.30 hours on Tata -Chaibasa Road, a truck bearing registration no. BRX 4260 came in a high speed from the opposite direction. It first dashed against another truck bearing registration no. BHI 9541 and thereafter dashed the motor -cycle and as a result of such dashing, both the occupants of the motor cycle sustained severe injuries. They were admitted to hospital and remained some time in the hospital as indoor patients. The appellant Sagarmal Agrawal has sustained fracture injury on his legs and some other injuries on different parts of the body but severe injuries on the leg. Ajoy Kumar Agrawal has sustained more injury than his father. His legs were also fractured and he remained in hospital' from 4.11.1984 to 13.3.1985. There was no denial of the accident and that the offending vehicle was responsible for the accident has also not been denied and the learned tribunal also found that the vehicle was responsible for causing the accident.