TARLOCHAN SINGH Vs. THE STATE OF PUNJAB AND ORS.
LAWS(P&H)-1969-10-9
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 14,1969

TARLOCHAN SINGH Appellant
VERSUS
The State Of Punjab And Ors. Respondents

JUDGEMENT

H.R. Sodhi, J. - (1.) THESE are two connected F.A. Os. No. 134 of 1967 and No l of 1968, against the award of the Motor Accidents Claims Tribunal, Punjab, made on 23rd June, 1967. allowing a compensation of Rs. 23,000/ - to Tarlochan Singh minor. It is alleged that on 1st August, 1966, at about 9.30 a.m., bus No. PNJ 8550, owned by the Punjab Roadways, Chandigarh, which is a State owned undertaking, and ' driven by John Respondent, crushed the left leg of the Appellant who was at the time of the accident in his village Sukhrampur on Chandigarh -Rorwroad. The bus, it is said, was being driven rashly and negligently at a very high speed by the driver and it ran over the left leg of Tarlochan Singh. The leg had to be amputated from above the knee which according to medical evidence, has rendered the Appellant incapacitated, helpless and invalid for life. It may be stated that the Appellant at the time of accident was only 4f years old and his father cultivates agricultural land. A claim application was preferred by the child through his father as guardian. The Respondents resisted the application and the following issues were framed: 1. Is the General Manager, Punjab Roadways, Chandigarh, a necessary party?
(2.) WAS the accident due to. any rash and negligent act of the driver of the vehicle involved ? Has the case been compromised by the father of the Applicant injured and if so is the Applicant estopped from claiming any compensation ?
(3.) DID the Applicant's father receive rupees one hundred from the driver, and if so, what is its effect ?;


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