RAMESH CHANDRA RANDHIR SINGH Vs. RANDHIR SINGH:RAMESH CHANDRA
LAWS(SC)-1990-5-26
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 03,1990

RAMESH CHANDRA Appellant
VERSUS
Randhir Singh And Ors Respondents


Cited Judgements :-

SHANTA DEVI VS. CHANCHAL SINGH CHADHA [LAWS(DLH)-1992-3-30] [REFERRED]
HARGO RUBBER INDUSTRIES PRIVATE LIMITED VS. MUKESH SHARMA [LAWS(DLH)-1993-5-50] [REFERRED]
ADARSH PAL SINGH VS. DIDAR SINGH [LAWS(DLH)-1995-8-45] [REFERRED]
RATTAN LAL MEHTA VS. RAJINDER KAPOOR [LAWS(DLH)-1996-1-52] [REFERRED]
S KADAM SINGH VS. UNION OF INDIA [LAWS(DLH)-1997-4-31] [REFERRED]
KOLIPAKA PRABHAVATI VS. SHAIK BABA [LAWS(APH)-1993-9-3] [REFERRED TO]
RELIANCE INFOCOMM LTD VS. SHEETAL REFINERIES PVT LTD [LAWS(APH)-2007-9-42] [REFERRED TO]
S PARVATHI VS. R PANDURANGASETTY [LAWS(KAR)-2000-7-66] [REFERRED TO]
HIFAJAT VS. AJIJUREHMAN [LAWS(MPH)-2004-2-55] [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. GOVIND LAXMAN ANGNE [LAWS(BOM)-2002-11-57] [REFERRED TO]
CHOLAN ROADWAYS CORPORATION LTD VS. AHMED THAMBI [LAWS(MAD)-2006-8-124] [REFERRED TO]
UNITED INDIA INSURANCE CO VS. HASSENALISHAIKH ABDUL SHAIKH [LAWS(BOM)-2008-10-151] [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. GANGA DEVI [LAWS(RAJ)-2005-12-36] [REFERRED TO]
DEVKINANGAN BANGUR VS. STATE OF HARYANA [LAWS(P&H)-1993-4-83] [REFERRED TO]
B T KRISHNAPPA VS. DIVISIONAL MANAGER UNITED INSURANCE COMPANY LTD [LAWS(SC)-2010-4-85] [REFERRED TO]
B KOTHANDAPANI VS. TAMIL NADU STATE TRANSPORT CORPORATION LTD [LAWS(SC)-2011-5-33] [REFERRED TO]
SRI RAMACHANDRAPPA VS. MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED [LAWS(SC)-2011-8-75] [REFERRED TO]
MARTHI NARASHIMHASASTRY VS. D SRILAXMI PADMA [LAWS(APH)-1993-6-7] [REFERRED TO]
ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION REP VS. B VIJAYA [LAWS(APH)-2002-7-66] [REFERRED TO]
UNION OF INDIA VS. K S LAKSHMI KUMAR [LAWS(KAR)-2000-6-4] [REFERRED TO]
K. SURESH VS. NEW INDIA ASSURANCE CO. LTD [LAWS(SC)-2012-10-59] [REFERRED TO]
SUBULAXMI VS. M.D., TAMIL NADU STATE TRANSPORT CORPORATION [LAWS(SC)-2012-11-1] [REFERRED TO]
INDIAN TELEPHONE INDUSTRIES LTD VS. ASHA RANI PANDEY [LAWS(ALL)-2013-8-10] [REFERRED TO]
HIMACHAL ROAD TRANSPORT VS. PUNI DEVI [LAWS(HPH)-1992-7-2] [REFERRED TO]
S. MANICKAM VS. METROPOLITAN TRANSPORT CORP. LTD. [LAWS(SC)-2013-7-21] [REFERRED TO]
BABU LAL VS. D.T.C. [LAWS(DLH)-2012-4-435] [REFERRED TO]
MAHOORA BANU VS. MOHAMMAD SHAFI CHANNA [LAWS(J&K)-2014-6-10] [REFERRED TO]
KUMARI KIRAN VS. SAJJAN SINGH [LAWS(SC)-2014-9-70] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. AMIT KUMAR [LAWS(J&K)-2010-8-52] [REFERRED TO]
S. MANICKAM VS. METROPOLITAN TRANSPORT CORPORATION LTD. [LAWS(SC)-2013-7-192] [REFERRED TO]
HEM CHAND VS. SH. DILA RAM AND OTHERS [LAWS(HPH)-2013-6-82] [REFERRED TO]
S. LAKSHMI AND ORS. VS. C.K. SHANKAR AND ORS. [LAWS(MAD)-2012-3-459] [REFERRED TO]
THE ORIENTAL INSURANCE CO. LTD. VS. SWAPNA SETHU [LAWS(KER)-2015-3-87] [REFERRED TO]
BALAKRISHNAN H. VS. THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY LTD. [LAWS(KER)-2015-3-118] [REFERRED TO]
G. PETER VS. MICO NU EMPLOYEES TRANSPORT, BANGALORE AND ANOTHER [LAWS(KAR)-2000-9-82] [REFERRED TO]
NARESH TYAGI VS. RAMESH CHAND AND ANOTHER [LAWS(MPH)-1997-7-123] [REFERRED TO]
DHANRAJ & OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-4-364] [REFERRED]
MADAN BHATIYA VS. STATE OF RAJASTHAN & ANR. [LAWS(RAJ)-2015-9-167] [REFERRED]
NARAYAN LAL VS. HAKIM KHAN & ORS. [LAWS(RAJ)-2016-7-9] [REFERRED TO]
SATYA NARAIN VS. HARPHOOL SINGH & OTHERS [LAWS(RAJ)-2016-6-21] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. BAL KISHAN PAWAR AND ORS [LAWS(DLH)-2012-5-779] [REFERRED]
ORIENTAL INSURANCE COMPANY LTD. VS. FAQUIR CHAND & ORS. [LAWS(J&K)-2016-5-18] [REFERRED TO]
AJEET SINGH VS. MOHAMMED SABIR & ORS. [LAWS(RAJ)-2016-6-95] [REFERRED TO]
AADHAR DAYARAM PATIL VS. YUSUF BEG RASHID BEG [LAWS(BOM)-2017-8-228] [REFERRED TO]
MINOR BASID VS. SANU [LAWS(KER)-2018-1-314] [REFERRED TO]
ASSAM GAS CO LTD VS. UMA KANTA KALITA [LAWS(GAU)-2018-4-26] [REFERRED TO]
GIRIRAJ KAKARANIA VS. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD [LAWS(GAU)-2018-5-45] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. MANTOJ TANTI S/O SRI TARILI TANTI AND OTHERS [LAWS(GAU)-2018-3-128] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. MS. CHHAMA DEVI AND OTHERS [LAWS(HPH)-2018-5-236] [REFERRED TO]
SHAILESHBHAI RAVJIBHAI PATEL VS. VILAS RAMBHAU PATIL [LAWS(GJH)-2018-8-229] [REFERRED TO]
HONEY KUMAR VS. PREM DHIMAN [LAWS(HPH)-2019-11-159] [REFERRED TO]
NEW INDIAN ASSURANCE COMPANY VS. RAVINDER KUMAR MITTAL AND ANR. [LAWS(HPH)-2019-12-128] [REFERRED TO]
DHEERAJ KUMAR VS. UNION OF INDIA [LAWS(DLH)-2020-5-64] [REFERRED TO]
SIDDHARTH VS. BABU SHEIKH [LAWS(BOM)-2020-4-121] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. AMIT KUMAR [LAWS(P&H)-2020-1-270] [REFERRED TO]
NAGNATH SAKHAHARI SHETE VS. KESHAV TRIMBAK AGHAV [LAWS(BOM)-2020-9-314] [REFERRED TO]


JUDGEMENT

- (1.)This appeal and special leave petition are cross cases in nature and are directed against the judgment and order dated December 7, 1976 passed by a division bench of the High court of Allahabad at Allahabad in F. A. O. No. 444 of 1976.
(2.)The facts established before the Motor Accident Claims tribunal. Bulandshahr and re-oriented before the High court were that Randhir Singh while driving a tempo on 10/10/1972 on a road leading from Bulandshahr to Sikandrabad was hit head-on by a speeding truck owned by Ramesh Chandra, as a result of which his tempo was thrown into a nearby ditch whereby he sustained injuries on both his legs and his several bones were fractured as well. This was followed by lodging of a report at police station, Sikandrabad and putting the injured at District Hospital, Bulandshahr wherefrom he was removed to Safdarjung Hospital, New Delhi for final treatment. The permanent result was that a part of the right foot of Randhir Singh had to be amputated as his toes had become gangrenous.
(3.)Randhir Singh moved the Motor Accident Claims tribunal, Bulandshahr seeking damages to the tune of Rs. 1 lakh. The contestants being Ramesh Chandra the owner of the truck, its driver and the insurance company took various defences to negative the claim. The matter was focussed by the issues framed. The tribunal by an elaborate and well reasoned order fixed negligence on the truck driver and held the injured entitled to compensation. In the measurement thereof the tribunal took note of the age of the claimant to he 22 years and his expected income as a driver of a motor vehicle at a minimum rate of Rs. 300. 00 p. m. , expected to be earned for at least 22 years in the coming. The figure thus arrived was at Rs. 79,200. 00 and that being lump sum payment determined a sum of Rs. 55,000. 00 to he adequate compensation for the permanent disability suffered by the claimant. Besides the tribunal granted Rs. 3,000. 00 on account of expenses of treatment. Under the head of general damages for pain, suffering and loss of enjoyment of life the tribunal awarded a sum of Rs. 20,000. 00 as compensation. Thus a total award of Rs. 78,000. 00 was made in favour of the claimant. Rs. 50,000. 00 was ordered to be paid by the insurance company as its liability was found to be limited to that extent. The remaining Rs. 28,000. 00 was ordered to he paid by the owner. The claimant also got three-fourth of his costs.
;


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