VIJAY KUMAR Vs. GURBACHAN SINGH
LAWS(P&H)-1980-1-26
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 07,1980

VIJAY KUMAR Appellant
VERSUS
GURBACHAN SINGH Respondents

JUDGEMENT

J.M. Tandon, J. - (1.) VIJAY Kumar (aged 13 years) and his parents (Madan Lal and Krishna Rani) claimed Rs. 1,00,000/ - by way of compensation for the injuries suffered by Vijay Kumar in an accident with truck No. PNL -2223 owned and driven by Partap Singh and Gurbachan Singh Respondents respectively and insured with New Great Insurance Company of India Limited, Respondent, at 10.45 a.m. on March 28, 1970, near bye -pass Adarsh Nagar, Jullundur City. The learned 'Tribunal', Jullundur vide his award dated March 31, 1973, allowed Rs. 1,000/ - as compensation to Vijay Kumar alone. It is against this award that the present appeal has been filed by Vijay Kumar and his parents.
(2.) THE Tribunal framed 9 issues, including the following three: (1) Was the accident caused due to the rash and negligent driving by Gurbachan Singh Respondent? (2) Was there any contributory negligence on the part of Vijay Kumar Petitioner? If so, to what effect? (3) To what compensation, if any, are the Petitioners entitled and from whom, out of the Respondents? The Tribunal found that the parents of Vijay Kumar have no locus -standi to claim compensation. The accident had occurred due to rash and negligent driving on the part of Gurbachan Singh Respondent and there was no contributory negligence on the part of Vijay Kumar. Vijay Kumar alone was entitled to Rs. 1,000/ - by way of compensation. In this appeal, the issue regarding the quantum of compensation has only been assailed.
(3.) P .W. Dr. Shanghare Singh of Civil Hospital, Jullundur stated that he examined Vijay Kumar on March 28, 1970, at 2.30 p.m. and found the following injuries on him: (1) Compound fracture of left femur in the middle of thigh. (2) Lacerated wound behind left knee joint 10 ''Ã -2 1/2 '' muscle deep. (3) Abrasion in back of right elbow joint 1 1/2 ''Ã -1". (4) Abrasion in front of knee joint 1 1/2 ''Ã -1 ''. (5) Abrasion on right ankle joint 1 ''Ã -1 ''.;


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