Judgment

PUNCHHI, J.- This appeal and special leave petition are cross cases in nature and are directed against the judgment and order dated December 7, 1976 passed by a Division Bench of the High Court of Allahabad at Allahabad in F.A.O. No. 444 of 1976.

2. The facts established before the Motor Accident Claims Tribunal, Bulandshahr and re-oriented before the High Court were that Randhir Singh while driving a tempo on October 10, 1972 on a road leading from Bulandshahr to Sikandrabad was hit head-on by a speeding truck owned by Ramesh Chandra, as a result of which his tempo was thrown into a nearby ditch whereby he sustained injuries on both his legs and his several bones were fractured as well. This was followed by lodging of a report at police station, Sikandrabad and putting the injured at District Hospital, Bulandshahr wherefrom he was removed to Safdarjung Hospital, New Delhi for final treatment. The permanent result was that a part of the right foot of Randhir Singh had to be amputated as his toes had become gangrenous.

3. Randhir Singh moved the Motor Accident Claims Tribunal, Bulandshahr seeking damages to the tune of Rs 1 lakh. The contestants being Ramesh Chandra the owner