YASHWANT RAJ Vs. MOHAN LAL

JUDGEMENT

(1.) Yaswant Rai was go-ing on a Motor-cycle from the Rich Court at Jodhpur towards Sojati Gate on May 29, 1968 at about 10.30 A. M. and Ghewarchand was sitting behind him. As the Motor-cycle of Yeswant Raj was going on the main road towards Sojati Gate, truck No. RJQ 1688 driven by Vijaysingh struck against the motorcycle of Yaswant Raj from behind. As a result of the aforesaid collision Yaswant Raj and Ghewarchand were thrown off from the motor-cycle and lay unconscious at some distance, while the motor cycle itself was run over by the truck and was smashed. Yashwantrai and Ghewarchand were immediately taken in an Ambulance to Mahatma Gandhi Hospital and the condition of Yeshwantrai continued to be serious for a number of days. Yeshwantrai received six injuries as a result of the accident, including an abrasion 9 cm. x 1 cm. on the forehead on the left-side, iust above the eyebrow. On medical examination, it was found that he was semi-conscious and mental irritation was present. The Medical Jurist. who examined Yashwant Rai, advised that a dying declaration may be recorded when he recoverd consciousness and advised X-ray of the skull. The X-ray report showed a doubtful fracture in the left front parietal region in the tangential view Yeshwantrai is alleged to have remained unconscious or semi-conscious for about 15 days. He remained as an indoor patient in the hospital from May 29, 1968 to June 10, 1968 on account of head injury involving multiple fractures. Thereafter he remained at home and was under medical treatment for almost 3 months before he recovered.

(2.) A claim petition was filed by Yashwant Rai on July 26, 1968 before the Motor Accident Claims Tribunal, Jodhpur (hereinafter referred to as 'the Tribunal'). A practice was in vogue with the Tribunal at that time that soon after a claim petition under Section 110A of the Motor Vehicles Act was filed the petitioner was examined by the Tribunal. It was represented on behalf of Yashwant on August 20, 1968 before the Tribunal that he was still suffering for head injury and was not in a position to appear before the Tribunal for a preliminary examination and on this ground an adjoumment was sought for recording his statement. Yashwant Rai appeared before the Tribunal on November 7, 1968 and his preliminary statement was recorded and then notices were issued to the respondents.

(3.) In the claim petition, Yashwant Rai claimed a sum of Rs. 60,500/- by way of compensation. The details of his claim are as under:- <FRM>NP_30_tlraj0_1983.htm</FRM>