N.K.KAPOOR,J. - (1.) THIS judgment shall dispose of F.A.O. Nos. 260 and 261 of 1985 arising from the award of the Motor Accident Claims Tribunal, dated 14.11.1984.
(2.) BOTH these appeals have been filed by the Claimants for enhancement of compensation. Briefly put, Claimant Narinderjit Singh along with other companions while travelling in a fiat car bearing registration No. PJQ 9981 met with an accident with truck bearing No. PUX 3664. This accident occurred on account of rash and negligent driving by Joga Singh, who, in fact, came on the wrong side of the road. On account of this accident, occupants of the car suffered injuries and the car too was badly damaged. The Claimant Narinderjit Singh suffered injury on his hand which was later on operated upon and same was kept under plaster for almost about 5 months. This resulted in permanent disability. The Claimant on account of injuries so suffered and the fact that he had become handicapped and he was unable to pursue his normal business Claimed a sum of Rs. 1,50,000/- as compensation.
(3.) THIS Claim of the petitioner was contested. It was pleaded by the respondent that the accident took place due to the sudden breakage of the central bolt of the front right kamani of the vehicle and so the front right wheel struck to the mud-guard and thus the truck could not be taken to the left hand side. This way it was pleaded that the accident was an act of God and cannot be construed as on account of rash and negligent driving of truck by Joga Singh respondent.;