High Court Punjab-Haryana High Court

Mohan Lal Alias Mohni vs Amarpreet Singh And Others on 5 December, 2008

Punjab-Haryana High Court
Mohan Lal Alias Mohni vs Amarpreet Singh And Others on 5 December, 2008
    IN THE HIGH COURT OF PUNJAB AND HARYANA
                AT CHANDIGARH.


         (1)   F.A.O. No. 155 of 1989


    Mohan Lal alias Mohni.

                                  ....... Appellant through Shri
                                          H.S.Bajwa, Advocate.

         Versus

    Amarpreet Singh and others.
                                  ....... Respondent no.1 through
                                          Nemo.
                                          Respondent no.2 through
                                          Shri H.S.Dhandi, Advocate.
                                          Respondent no.3 through
                                          Shri N.K.Khosla, Advocate.


         (2)   F.A.O. No. 327 of 1989


    Amarpreet Singh.

                                  ....... Appellant through Nemo.

         Versus

    Mohan Lal alias Mohni and others.

                                  ....... Respondent no.1 through
                                          Shri H.S.Bajwa, Advocate.
                                          Respondent no.2 through
                                          Shri H.S.Dhandi, Advocate.
                                          Respondent no.3 through
                                          Shri N.K.Khosla, Advocate.


                              Date of Decision: 5.12.2008

CORAM: HON'BLE MR.JUSTICE MAHESH GROVER

                       ....

    1. Whether Reporters of Local Newspapers may be allowed to
       see the judgment?
    2. To be referred to the Reporters or not?
    3. Whether the judgment should be reported in the Digest?

                       ....
                              F.A.O.No.155 of 1989

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                                       ....



Mahesh Grover,J.

This judgment will dispose of the above mentioned two appeals

which have been directed against award dated 29.10.1988 passed by the

Motor Accident Claims Tribunal, Hoshiarpur (for short, `the Tribunal’) in

M.A.C.T. Case No.10/Add. of 22.2.1988.

In a motor vehicular accident which took place on 24.10.1987,

Amarpreet Singh sustained injuries. He filed a claim petition and the

Tribunal awarded a total compensation of Rs.88500/- to him along with

interest at the rate of 12% per annum from 18.2.1988, i.e., the date of filing

of the claim petition, till realization, under the following heads:-

1. Pain and agony and on account of

50% permanent partial disability

and loss of enjoyment of life = Rs.50,000.00

2. Treatment and medicines = Rs.13500.00

3. Conveyance charges = Rs. 1750.00

4. Expenses of attendants = Rs. 3000.00

5. Wages to be incurred on

tractor driver = Rs.19200.00

Total = Rs.88450.00

This sum was rounded off to Rs.88500/-.

Mohan Lal alias Mohni was held liable to satisfy the award.

Mohan Lal alias Mohni has filed F.A.O.No.155 of 1989

challenging his liability as fixed by the Tribunal, whereas Amarpreet Singh

has preferred F.A.O.No.327 of 1989 for enhancement of the compensation
F.A.O.No.155 of 1989

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granted to him.

The only question that requires determination in F.A.O.No.155

of 1989 is as to whether or not appellant-Mohan Lal, who was the

subsequent purchaser of the offending vehicle from its original owner –

Sher Singh, was liable to satisfy the award or it should be the insurance

company with whom the offending vehicle was insured.

Learned counsel for appellant-Mohan Lal contended that

concededly the offending vehicle was purchased by Mohan Lal from Sher

Singh and the same was insured. He further contended that in view of this,

the Tribunal has wrongly fastened the liability on Mohan Lal to satisfy the

award on the premise that the intimation of the transfer of the offending

vehicle had not been given to the insurance company.

On the other hand, learned counsel for the insurance company

has contended that the award of the Tribunal is perfectly valid and since no

intimation was given to insurance company, no liability could be fastened

on it.

Having thoughtfully considered the rival contentions and

having perused the record, I am of the opinion that the finding recorded by

the Tribunal in so far as the liability is concerned, is erroneous for two

reasons – (i) the insurance company did not lead any evidence to prove that

the intimation about the transfer of the offending vehicle had not been given

to it, and (ii) even if the intimation had not been given, it would have been

of no consequence as the liability of the insurer towards third party cannot

be absolved in view of the provisions of Sections 94 and 95 of the Motor
F.A.O.No.155 of 1989

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Vehicles Act,1939.

While dealing with the similar question, their Lordships of the

Supreme Court in United India Insurance Co.Ltd., Shimla Versus Tilak

Singh and others, 2006(2) P.L.R. 297 (S.C.), observed in paragraphs 9 and

13 of the judgment as under:-

“9. Citing with approval the judgment of the Full Bench of the

Andhra Pradesh High Court in Madineni Kondajah and others

Versus Yaseen Fatima and others, AIR 1986 A.P. 62, and

contrasting the provisions of Section 103-A of the 1939 Act

with Section 157 of the 1988 Act, thisCourt said in Complete

Insulations Ltd. v. New India Assurance Co.Ltd., (1996-1) 112

P.L.R. 202 (S.C.) = (1996) 1 S.C.C. 211, (vide para 6)

`Now, under the Old Act although the insurer could

refuse to transfer the certificate of insurance in certain

circumstances and the transfer was not automatic as

under the new Act, there was under the old law

protection to third parties, that is victim of the

accident. The protection was available by virtue of

Sections 94 and 95 of the old Act.”

13. Thus, in our view, the situation in law which arises from the

failure of the transfer to notify the insurer of the fact of transfer

of ownership of the insured vehicle is no different, whether

under Section 103-A of the 1939 Act or under Section 157 of

the 1988 Act in so far as the liability towards a third party is
F.A.O.No.155 of 1989

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concerned. Thus, whether the old Act applies to the facts before

us, or the new Act applies, as far as the deceased third party

was concerned, the result would not be different. Hence, the

contention of the appellant on the second issue must fail, either

way,making a decision on the first contention unnecessary, for

deciding the second issue. However, it may be necessary to

decide which Act applies for deciding the third contention. In

our view, it is not the transfer of the vehicle but the accident

which furnishes the cause of action for the application before

the Tribunal. Undoubtedly, the accident took place after the

1988 Act had come into force. Hence, it is the 1988 Act which

would govern the situation.”

In view of the law laid down by the Apex Court, which has

been reproduced above, the appeal of Mohan Lal deserves to be accepted as

the finding recorded by the Tribunal making him liable to satisfy the award

cannot be sustained.

In so far as F.A.O.No.327 of 1989 is concerned, it has come in

the statement of AW1-Dr.Shiv Shakti Dhawan,Medical Officer, Civil

Hospital, Hoshiarpur, that Amarpreet Singh suffered the following injuries:-

“1. A lacerated wound 3 cm x 1 cm x bone deep obliquely over

the bridge of the nose. Advised x-ray nose.

2. Two abrasions 5 cm x .5 cm on the front in the middle at 2 cm

apart running vertically on the forehead.

3. Bleeding from both the nostrils present.

F.A.O.No.155 of 1989

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4. A raddish abrasion 2 cm x 1 cm on the back of right elbow.

5. A lacerated wound 0.5 x 0.5 cm on front of right leg in its

upper 1/3rd.

6. A raddish abrasion 2 cm x 1.5 cm irregular on the front of

right leg in its upper 1/3rd.

7. A raddish abrasion 8 cm x 6 cm irregular on the medial side

of left thigh in its lower 1/3rd.

8. A raddish contusion 8 cm x 4 cm on the front of right thigh in

its lower 1/3rd.

9. A lacerated wound 4 cm 1.5 cm x muscle deep on the left

side of face, just lateral to the angle of the mouth on the left

side running downward obliquely. Bleeding present.”

AW6- Dr.Lajpat Rai of Christian Medical College,Ludhiana

stated that Amarpreet Singh was admitted in their hospital under his care in

Neuro-surgical Service with the history of road traffic accident with the

following injuries:-

1. Closed head injury.

2. Cerebral contusion.

3. Fracture nasal bones.

4. Multiple laceration on face.

5. Fracture of both bones of right leg and fracture of left radius.

AW7-Dr.Rachhpal Singh had examined Amarpreet Singh to

ascertain the disability which he had suffered. After due examination, as per

this witness, Amarpreet Singh was found having 50% permanent partial
F.A.O.No.155 of 1989

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disability. AW7 further stated that on account of this disability, Amarpreet

Singh is not likely to drive a motor car or a tractor and he is not also capable

of running, but he can walk slowly to carry out his routine activities.

Having regard to the above mentioned evidence, in my view,

the compensation awarded by the Tribunal to Amarpreet Singh is

inadequate.

As seen above, Amarpreet Singh has suffered injuries which

would have impact on his functioning for entire life.

In this view of the matter when Amarpreet Singh has suffered

50% permanent partial disability and the fact that it has nowhere come on

record that the same can be cured, it would be just and appropriate if the

principle of Rs.2000/- per percentage of the disability is adopted in the

instant case. Accordingly, Amarpreet Singh is awarded a sum of

Rs.1,00,000/- on account of disability having been suffered by him.

It is made clear that the aforesaid amount shall be in addition

to the amount of Rs.50,000/- awarded by the Tribunal under the heading

“Pain and agony and on account of 50% permanent partial disability and

loss of enjoyment of life.” The said amount of Rs.50,000/- will be treated

on account of pain & agony and loss of enjoyment of life.

The compensation awarded under the other heads does not

require any interference and is maintained.

In this way, Amarpreet Singh is held entitled to a total sum of

Rs.1,88,450/-, which is rounded off to Rs.1,88,500/-, as compensation.

The enhanced compensation shall be payable to Amarpreet
F.A.O.No.155 of 1989

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Singh along with interest at the rate of 9% per annum from the date of

claim petition till the date of realisation.

The insurance company of the offending vehicle shall be liable

to pay the compensation and interest to Amarpreet Singh.

The impugned award is modified to the above extent and the

appeals are allowed in the aforementioned terms.

December 05,2008                                 ( Mahesh Grover )
"SCM"                                                Judge