- (1.) THIS judgment will dispose of F. A. O. Nos. 248 and 260 of 1972 which arise out of the same judgment.
(2.) BRIEFLY, the facts are that the claimant was a medical practitioner at Jagadhri. On April 10, 1969, he had gone to village Makaronpur to examine a patient. He returned from that village on his motor-cycle at about 8-45 a. m. The attendant of the patient, Nathu Ram, accompanied him to Jagadhri. He was sitting on the pillion seat of the motor-cycle. On the way, there was a tri-junction where three roads--one from Jagadhri, another from Jamna Nagar and the third from Chhachhrauli meet. The claimant was coming from Chhachhrauli side. A truck bearing No. HRA 966 was proceeding from Jamna Nagar to Chhachhrauli side. It belonged to Tara Chand and was being driven by Arjan Singh, driver. It is alleged by the claimant that it was being driven at a high speed. It is further stated that when the truck came at the road junction and took a turn to the right side, the driver saw the claimant coming on the road on motorcycle from Chhachhrauli side. It is then said that the driver after seeing him swerved the vehicle towards the left and saved the head on collision with the motor-cycle but while doing so the silencer and rear portion of the truck hit against the motor-cycle. Nathu Ram, who was sitting on the pillion seat, fell down on the ground on account of the impact. He later on died in the hospital. It is then averred that the hind right wheel of the truck passed over the motor-cycle and the right leg of the claimant on account of which his right thigh was crushed. Later, his leg was amputated in the hospital at Patiala. The claimant filed a claim for Rs. 75,000 before the Tribunal against the owner, the driver and the insurer of the truck.
(3.) THE claim was defended by the respondents. Tara Chand and Arjan Singh, in their joint written statement, admitted the accident but denied that it had occurred on account of rash and negligent driving on the part of the driver. On the other hand, they pleaded that the claimant himself was driving the motor-cycle rashly and negligently on account of which the accident took place.;