POKARMAL RAM NARAYAN Vs. RAM SARAN
LAWS(RAJ)-1984-8-47
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Decided on August 16,1984

POKARMAL RAM NARAYAN Appellant
VERSUS
RAM SARAN Respondents


Cited Judgements :-

SHANMUGHAM VS. MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION [LAWS(MAD)-2006-6-146] [REFERRED TO]
BALIJA RAJU VS. N LAKSHMI BAI AND ANR [LAWS(APH)-2010-11-99] [REFERRED]
BALAJI RAJU VS. N LAKSHMI BAI [LAWS(APH)-2010-11-31] [REFERRED TO]


JUDGEMENT

- (1.)Both these appeals are directed against the Common Awards of the Tribunal dated the 28th August, 1982 in relation to the same accident that took place on 3rd September, 1974. Ram Saran and Hakma Ram, the son and father, were going on cycle towards the village Rampura on Jaipur Sikar Road and were injured by truck No. REL 147 which was being driven by Jaswant Singh rashly and negligently, as alleged. The truck was going to Sikar and collided with the cyclist, as named above. On account of the collision both, Ram Saran and Hukma, fell down on the road along with cycle. The truck driver, as alleged, even did not give horn.
(2.)In the claim petition, Ram Saran made claim of Rs. 23,000/- and Hukma Ram for Rs. 40,000/-. Both of them remained in hospital for about 20 days. As alleged, they spent Rs. 3,000/- on treatment of each one of them. The Tribunal, after recording of the evidence of the parties, came to the conclusion that, the incident was on account of the negligent and rash driving of Jaswant Singh-driver.
(3.)Shri. S. C. Srivastava, the learned counsel for the Appellants, submitted that the medical evidence consisting of medical expert was not produced in this case and, therefore, no compensation should have been awarded.


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