SHAKTIMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by the claimant against the Award of the Motor Accidents Claims Tribunal, Jodhpur, dated 30 -5 -1974 whereby a sum of Rs. 8,000/ - was awarded by way of compensation to the claimant, who had suffered injuries in an accident, which took place on 6 -5 -1971.

(2.) THE appellant's case is that on 6 -5 -1971, at about 2.30 p.m., he was going on a cycle at. Paota 'B' Road. When he was on left side of the road Jeep No. U.B. 28523, driven by Major V.K. Kochar, came from behind and collided against the claimant and his cycle, as a result of which he fell and sustained four injuries, out of which two were grievous. There was a comunited intro inochentric fracture of the right femur and the second fracture was of the neck of the right radius. He was lifted by Kan Singh (P.W. 2) and Sumermal (P.W. 3). The Jeep stopped at some distance when hue and cry was raised. Thereafter, Major Kochar brought his car and took the appellant to the hospital. First the appellant was taken to the Military Hospital for first aid. Subsequently, he was admitted into Mahatma Gandhi Hospital, Jodhpur. The appellant submitted a claim application for award of compensation of Rs. 25,000/ - stating that he sustained injuries on account of rash and negligent driving of Major V.K. Kochar. The defence was that the accident took place not in the manner, as alleged by the claimant. The claimant is hard of hearing. Horn was blown and suddenly the claimant, in order to go to the right hand side of the road, took a turn and came in the middle of the road. The Jeep was immediately swerved towards the right, but could not be swerved more in the right, as there was a pit. There were hook poles fitted in the Jeep and it might be that the appellant came into the contact of the hook poles. It was stated that there was no negligence on the part of the driver of the Jeep, who was Anil Baral Mahato. A case of contributory negligence was also pleaded and it was prayed that the claim application be dismissed.

(3.) I have heard Shri P.C. Mathur, learned Counsel for the claimant -appellant and Shri N.P. Gupta and Shri D.M. Lodha, learned Counsel for the respondents.