STATE OF HIMACHAL PRADESH Vs. CHET RAM
LAWS(HPH)-1997-4-14
HIGH COURT OF HIMACHAL PRADESH
Decided on April 04,1997

STATE OF HIMACHAL PRADESH Appellant
VERSUS
CHET RAM Respondents





Cited Judgements :-

STATE OF HIMACHAL PRADESH VS. SAROJ BALA [LAWS(HPH)-1999-8-1] [REFERRED TO]
BARUN KUMAR DAS VS. NEW INDIA ASSURANCE CO LTD [LAWS(CAL)-2004-8-56] [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)THIS appeal has been directed against the award dated 10.12.1991 of the Motor Accidents Claims Tribunal, Shimla, whereby compensation to the extent of Rs. 80,000/ with costs was awarded in favour of respondent No. 1, Chet Ram, hereinafter referred to as the claimant.
(2.)BRIEFLY stated, the facts of the pre sent case are these. Jeep bearing registration No. HIS 519 belongs to the Medical Department of the State. It is registered in the name of the appellant No. 2, Chief Medical Officer, Shimla. Appellant No. 3 Dr. Savita Sharma at the relevant time was working as Medical Officer at Ripon Hospital, Shimla, under appellant No. 2. Babu Rain and Madan Lai were the drivers of the said jeep.
On 22.11.1988 at about 6 7 p.m. when the said jeep was being driven by respondent No. 2 Roop Lal it met with an accident near Durga Gas Store on Shimla Sanjauli road. In such accident the jeep had gone off the road into a nullah. The claimant, who was travelling in the said jeep, sustained multiple injuries including the head injury.

(3.)THE claimant accordingly approached the learned Motor Accidents Claims Tribunal (for short 'the Tribunal') under Section 110 A of the Motor Vehicles Act, 1939, seeking compensation to the tune of Rs. 3,50,000/ for the bodily injuries sustained by him. It was averred that the accident had taken place as a result of rash and negligent driving on the part of respondent Roop Lal. Further case of the claimant was that respondent Roop Lai was deputed to drive the jeep by appellant No. 3, Dr. Savita Sharma.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.