Harbans Lal, J. - (1.) This appeal is directed against the judgment of the Motor Accident Claims Tribunal Ludhiana. (hereinafter to be called the Tribunal), d ated December 7,1978(sic) by the insurer and the owner of Car No. PNU 5686 (hereinafter to be called the offending vehicle) whereby an amount of Rs 19200/ -was awarded as compensation to Dhanwant Singh. injured, respondent.
(2.) On August 9, 1971, at about 10:15 P.M. Dhanwant Singh, Respondent, was driving his three -wheeler (scooter rickshaw ) and was proceeding towards Ludhiana on the Ludhiana -Pakhowal Road, The offending vehicle belonging to the Punjab Agricultural University, Appellant No. 2, driven by Sukhdev Singh Respondent No. 2 came from the opposite direction at a fast speed and struck against the three -wheeler which was going on the correct side of the road. As a result of the impact, the three wheeler was smashed, its driver Dhanwant Singh as well as one Harbhajan Singh who was in the said three wheeler as a passenger, received injuries as a result of which, both of them became unconscious The occurrence was witnessed by Shri Manjtt Singh, Advocate, of Ludhiana who also lodged the first information report with the Police under Sec. 279 338 and 427 Indian Penal Code, against Sukhdev Singh, driver of the offending vehicle. Both the injured were removed in a tonga driven by Surinder Singh to the Brown Hospital, Ludhiana.
(3.) According to the statement of Dr R.K. Summan, P.W. 2, who had examined Dhanwant Singh, Respondent, the injuries on his person were grievous and he remained under treatment in the hospital from August 10, 1971 to October 21, 1971. The fracture of the right leg and the right thigh had not united sufficiently for the purpose of carrying weight. While the disability of the right leg was opined to be permanent, its length had also been shortened, The victim had to undergo two operations. He was aged 28 year at the time of the accident and had a wife and daughter to support as well as a dependent mother aged about 48 years, as his father had already died.;