NEW INDIA ASSURANCE CO LTD Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the Judgment of Single Judge in CIMA No. 49/1995 dated March 05, 1998.

(2.) BRIEFLY , the material facts of the case may be discussed hereafter.

(3.) ON August 07, 1991 Truck Numbers JKS -4481 and JKQ -4456 driven by Mohinder Singh and Kailash Chander Pradhan collided with each other at a Cause -way near village Diani, Pathankot Jammu National High Way at 10 AM. Allegation is that Kailash Chander Pradhan was driving the offending Truck at high speed and in a negligent manner with the result that he could not control the same and served it to the wrong side resulting in collusion with the Truck of the Claimant who was driving on the left side of the road at a low speed. In this accident, Mohinder Singh suffered serious injuries. He was shifted to Government Hospital Samba and thereafter to Government Medical College, Ludhiana where he re -gained consciousness after some time. He remained as an in -door patient for two and half month and was subjected to operation five times. Compensation of Rs. 9, 72,000/ -was claimed and the Tribunal awarded Rs. 4, 60,000.