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2019 Supreme(P&H) 2570
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Dr. Ravi Ranjan, J.
Gurbaksh Singh - Appellant
Versus
Mahesh - Respondent
FAO No. 1122 of 2019 (O&M)
Decided On : 26-07-2019
Mr. Nitin Thatai, Advocate, for the appellant.
The main legal point established in the judgment is the determination of compensation for injuries suffered in a motor accident caused by rash and negligent driving, based on medical and documentary evidence.
Headnote:
Motor Accident - Compensation - Section 279, 337 of IPC - [279, 337 of IPC] - The court awarded compensation to the claimant for injuries suffered in a motor accident caused by the rash and negligent driving of the appellant. The court considered medical evidence and documentary evidence to determine the compensation amount, dismissing the appellant's arguments against the claimant's medical bills and treatment.
Fact of the Case:
The claimant was injured in a motor accident caused by the rash and negligent driving of the appellant. The claimant sought compensation for medical treatment and loss of income due to the accident.
Finding of the Court:
The court found that the accident was a result of the rash and negligent driving by the appellant. The claimant was awarded compensation for medical treatment, loss of income, pain and suffering, and loss of enjoyment of life.
Issues: The issues included determining the cause of the accident, the entitlement of the claimant to compensation, and the amount of compensation to be awarded.
Ratio Decidendi: The court relied on medical evidence and documentary evidence to establish the cause of the accident and determine the compensation amount. The court dismissed the appellant's arguments against the claimant's medical bills and treatment.
Final Decision: The appeal was dismissed as the court found no reason to interfere with the Judgment and Award pronounced by the Tribunal.
JUDGMENT
Ravi Ranjan, J. (Oral Judgment) - Heard learned counsel for the appellant.
2. This appeal has been preferred by the driver-cum-owner of the offending vehicle impleaded as respondent No.l in the claim-application, against the Judgment and Award dated 13.09.2018 passed by the Motor Accident Claims Tribunal, Ambala, in Claim Petition No.77 of 2016 by which the claim-applicant has been awarded a sum of Rs.7,82,000/- as compensation amount along with interest @ 7.5% per annum to be calculated from the date of filing of the claim application till the realization of the said amount.
3. Briefly stating, case of the claimant is that on 13.11.2015, while returning from Renukaji to his village Kakkar Majra on a motorcycle driven by his neighbour Bittu on left hand side of the road at a normal speed, at about 6 P.M., when they reached near Shahpur on Shahzadpur-Naraingarh road, a Verna car bearing registration No.HR-40E-0130 came from the opposite side at high speed on the extreme wrong side of the road and hit the motorcycle. Under the heavy impact of the accident both the occupants fell down and suffered multiple grievous injuries. Claimant suffered multiple fracture on his right femur and other injuries. Both the injured were shifted in the hospital at G.H.Naraingarh from where due to critical condition of the claimant, he was referred to GMCH, Sector 32, Chandigarh, where he remained admitted from 14.11.2015 to 11.12.2015. Thereafter, he remained under treatment of Vardhman Trauma and Laparoscopy Centre, Muzaffar Nagar, where four operations were conducted. It is claimed that he was still under treatment as OPD patient and had spent Rs.12 Lacs on his treatment i.e., transportation and special diet etc. At the time of accident, he was running the business of utensils and was earning handsome income but after the accident he is not in a position to even stand with the help of stick on his own and pick up weight from his right arm. It is further averred that the accident has ruined his business and suffered huge financial loss. FIR was also registered under Section 279, 337 of IPC at the Police Station, Naraingarh.. Eventually, the respondent-claimant sought compensation of Rs.30 Lacs for the accident which was caused due to sole negligence of the respondent-appellant.
4. The respondent No. 1-appellant appeared and filed his written statement raising preliminary objections and also on merit denying the accident stating that his vehicle has been falsely been involved in the case for the purpose of extracting compensation from the claimant. The averments regarding age, income, expenses incurred on his treatment etc. were denied. However, he admitted that the offending vehicle was not insured at the time of accident.
5. Upon consideration of the rival pleadings, the Tribunal framed following issues:-
1. Whether accident in question took place due to rash and negligence driving of Verna car bearing No.HR-40E/0130 being driven by respondent No.l Gurbaksh Singh resulting into injuries and disability suffered by claimant, as alleged? OPP.
2. If issue No.l is proved, whether the claimant is entitled for compensation, if so, how much and from whom? OPP.
3. Relief.
6. The claimant-respondent, in order to prove his case, examined ASI Joginder Singh as PW1, Criminal Ahlmad v.i.z., Deepak as PW-2, Dr.Vikas Paul as PW3 and himself as PW-4 and also placed and proved on record certain documents.
7. The respondent No.l examined himself as DW-1 and thereafter closed his evidence.
8. The Tribunal has held that it is writ large from the materials available on record and evidence led by the parties that the accident was result of the rash and negligent driving by the respondent No.l-appellant.
9. Having held so, it has further been held that the claimant would be entitled for Rs.6,22,000/- for the expenditure incurred on his treatment. That apart, his income having been assessed as Rs.9000/- per month in view of the nature of business carried out by him, the cl
