BHAGWAN SINGH NAINTA Vs. GENERAL MANAGER, PUNJAB ROADWAYS
LAWS(HPH)-1997-5-12
HIGH COURT OF HIMACHAL PRADESH
Decided on May 21,1997

Bhagwan Singh Nainta Appellant
VERSUS
General Manager, Punjab Roadways Respondents

JUDGEMENT

M.SRINIVASAN, J. - (1.)THESE two appeals arise out of the award passed by the Motor Accident Claims Tribunal (I), Solan. The appellant in F.A.O. No. 79/85 is the claimant while the appellant in F.A.O. No. 170/86 are the owners of the bus involved in the accident.
(2.)THE accident occurred on 1.11.1983 when the appellant/claimant, who was Sub Divisional Magistrate, was proceeding in his Jeep from Solan to Shimla on official duty. The bus owned by the Punjab Roadways which was coming from the opposite side, dashed against the Jeep and dragged it to some distance about 25 to 30 metres. It is in the evidence that the bus was on the wrong side of the road when it dashed against the Jeep. Besides causing damage to the Jeep, the accident resulted in serious injuries to the claimant. He suffered grievous injuries in his head and leg. He got admitted in the Hospital at P.G.I., Chandigarh on 1.11.1983 and he stayed in the Hospital till 16.12.1983 at that time.
The evidence of claimant as PW 1 is that he is suffering from permanent partial disability of the right knee and is not in a position to walk on slopes and he is also not able to sit cross leged nor can he bend his knee. He has also stated that he is not in a position to put weight on the right leg. His right side of the forehead has been disfigured as a chip of the skull has been broken in the accident/He has deposed that in cold weather he has pains in both the leg and the head. He has also stated that he has also lost memory at times on account of the accident. He has deposed that he employed a servant, for looking after his affairs for ten months at Rs. 200/ per month and spent Rs. 10,000/ on his treatment besides reimburseable amount on medicines, etc.

(3.)PW 2 is the Inspector Vigilance, Anti corruption Unit, Solan. He was at that time posted as Station House Officer, Police Station, Kandaghat. His evidence is only with regard to the matters which took place after the accident. PW 3 is the Head Clerk in the office of the Sub Divisional Magistrate. He was travelling alongwith the claimant in the same jeep. He was sitting in the Jeep in the rear side. He has spoken about the way in which the bus came on the wrong side being driven in a rash and negligent manner and dashed against the Feep. PW 4 was the driver of the Jeep at that time. He has also spoken about the way in which the accident took place. PW 5 is the doctor who was Medical Officer, Incharge of Civil Hospital, Kandaghat. He has deposed that claimant was brought to him on 1.11.1983 in very serious condition and he was having injuries in his body besides fracture of patella. After taking X Ray and giving first aid, he referred the claimant to P.G.I., Chandigarh. PW 6 is the Senior Resident Doctor in the department of Orthopaedics, P.G.I., Chandigarh. He has deposed that the claimant was treated at P.G.L, Chandigarh till 16.12.1983 from 1.11.1983. He has supported the version of the claimant and stated that the claimant was disabled to the extent of 30% loss of function of the right side of lower limb. He has stated that the disability is not likely to be cured during the life time of the claimant and it is likely to go along the life of the claimant. He has spoken of the certificate issued by him marked as Ext. P 1 and Ext. PW 6/A.


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