ROSHAN LAL BHALLA Vs. SUDESH KUMAR

JUDGEMENT

(1.) THIS appeal as well as the cross -objections to the appeal arise out of a decree passed by the learned District Judge, Jammu, on 22. 2. 65 whereby he has passed a decree for Rs. 6,685.37 and costs in favour of the Respondent No. 1 against Defendants 1 and 2. The decree was exparte against Defendant 1. The third Defendant was absolved from any liability under the terms of this decree.

(2.) THE facts giving rise to the present litigation are that the Plaintiff, who is an Excise & Taxation Officer, Jammu, was going on his scooter alongwith Balbir Singh P.W. from Shankar Talkiee to the city on 20. 2. 61 at 10.30 P.M. When he reached the crossing near the Jewel Talkies, Defendant 1, Dwarika Nath was driving a truck No. 8446 J & K on the BC Road on the wrong side at a very high speed rashly and negligently ; and, while negotiating the bend at the crossing, his scooter was dashed by the truck. Both the Plaintiff Sudesh Kumar and his companion were thrown off the scooter and sustained injuries. The Plaintiff suffered from the fracture of his left thigh femur which permanently disabled him. He also received other injuries and his scooter was badly damaged. He was sent to the Civil Hospital at Jammu for treatment. He was kept an indoor patient there and his leg was set right; but after he was discharged from the hospital it was discovered that the fracture had been wrongly set. He had afterwards to go for medical treatment to Amritsar. He was practically confined to bed for more than five months. According to the Plaintiff, Defendant 2 Roshan Lal Bhalla was the owner of the truck, Defendant 1 its driver and Defendant 3 the insurance company with which the truck was insured. The Plaintiff claimed a decree for Rs. 10,000/ -on the following grounds: