BALBINDER SINGH Vs. SECRETARY TO GOVERNMENTPUNJAB
HIGH COURT OF HIMACHAL PRADESH
SECRETARY TO GOVERNMENT, PUNJAB
Click here to view full judgement.
T.R.Handa, J. -
(1.)The appellant filed a claim petition under Section 110-A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal claiming a compensation of Rs. 2,50,000 against the respondents. The learned Tribunal vide its award dated 29-6-1974 dismissed that claim of the appellant. Feeling aggrieved the appellant has now approached this Court in appeal under Section 110-D of the Motor Vehicles Act.
(2.)The case for the appellant is that on 16-6-1968 at about 5 p.m. he along with his two friends Balbinder Singh son of Shri Dogar Singh (P.W. 2) and Sukh-dev Singh (P.W. 3) proceeded from Nan-gal towards Una in private car No. PNU 6483 belonging to his father. The appellant was himself driving the said car. Near a village known as Jalgran which falls between Nangal and Una and is about 1'6 kilometres from Nangal, the car of the appellant developed some mechanical trouble on account of which the appellant stopped the vehicle and parked it on the kacha road on his left side. He was in the process of getting down from his car in order to remove the defect after opening the bonnet when bus No. PNP 6494 belonging to Punjab Roadways and then driven by Didu Ram respondent came from behind at a fast speed. The bus hit the appellant, knocked him down and threw him away up to a distance of 6 to 7 feet. After the accident the driver of the bus sped away without caring to stop the bus.
(3.)The appellant suffered compound fracture of left femur besides other injuries as a result of that accident. He was then removed to Nangal hospital where he remained admitted as an indoor patient for about four months. He claimed to have incurred an expenditure of about Rs. 25,000 on his treatment. He claimed a total compensation of Rs. 2,50,000 the details of which find no mention in his claim petition.
Copyright © Regent Computronics Pvt.Ltd.