Gurdev Singh, J. - (1.) THIS appeal under Section 110 -D of the Motor Vehicles Act, 1939, is directed against the order of the Motor Accidents Claims Tribunal Punjab, Chandigarh, dated 6th June, 1969, whereby the Respondent Jagdip Singh Pathanian has been awarded Rs. 75000/ - as compensation under Section 110B of the Act with costs against the Appellants for the injuries sustained by him in the course of motor accident that took place on 29th July, l96h, Involving a truck owned by the Public Works Department of the Himachal Pradesh Government.
(2.) THE relevant facts briefly stated are as follows ; - - The Respondent Jagdip Singh Pathania, who was about 35 years of age on the day of the accident, was then serving as Executive Officer, Municipal Committee, Pathankot On the fateful day of 29th July, 1966, he was coming from Dalhousie to Pathankot on his motor cycle No. PNP. 6537. After he had crossed Dunera and had gone 2$ miles downwards truck No. HIM 1658 owned by the Himachal Pradesh Government came from the side of Pathankot at a rash speed without blowing a horn and struck against Jagdip Singh Pathania because of the negligence of its driver Rattan Singh. As a result of the impact Jagdip Singh Pathania alongwith his motor cycle was thrown to the hill side and suffered serious injuries on various parts of the body including his head., shoulder and legs. Fortunately, at that time Dr. Kewal Krishan A.W. 4, was coming behind in his car. He at once stopped and rendered first aid to Jagdip Singh Pathania after removing him to Dunera in a bus. Because of the serious injuries which Jagdip Singh Pathania had sustained he was ultimately taken to the V.J. Hospital Amritsar, where he was put under the expert treatment of eminent medi -?cal men, including Orthopaedic Surgeon Dr. Karam Singh, A.W. 9.
(3.) DR . Karam Singh Grewal found that Jagdip Singh Pathania had sustained fracture of his right femur, compound fracture of both bones of the right leg and fracture -dislocation of the right shoulder, besides fracture of the skull. After undergoing the necessary treatment and operations, the victim of the accident was discharged from the Hospital oh 10th September, 1966. He was, however, still not in a position to move about and had to remain in bed until 19th December, 1966. During this period, besides undergoing considerable pain and mental agony because of the head injury, he also used to remain in anxiety always thinking of his misfortune, of his family, of his prolonged illness and the expenditure involved. After discharge from the hospital he remained under the treatment and medical care of Dr. MX. Malhotra, A.W. 15, Senior Medical Officer, Pathankot. Because of the mental upset and condition of the brain consequent upon the head injury suffered by Jagdip Singh Pathania, he was ultimately on 19th December, 1966, advised to rejoin his post as Executive Officer to avoid thinking about his illness, expenditure and the family and to divert his attention. This was purely an experimental measure .as the doctors concerned were still not satisfied that he had become normal. For a few days from 19th December, 1966 to 21st January, 1967 he went to his office but could not devote his. full attention to his job and often the routine paper which could be disposed of only by him were brought to him home.;