Rampal @ Pale Ram vs Narender Singh and Others

M. Jeyapaul, J.—The appellant Rampal @ Pale Ram has contended in the petition filed through his wife and next friend Smt. Mukesh Devi that on 01.07.2006 when Rampal was going on his motorcycle bearing registration no. HR-33A-6233 near Dera Sacha Sauda Gurudwara, a motorcycle bearing registration no. HR-40-3636 driven by the first respondent in a rash and negligent manner came from the backside and dashed the motorcycle of Rampal and as a result of which he fell down on the road and sustained grievous injuries all over the body. Rampal became unconscious. The driver and pillion rider of the offending motorcycle ran away from the spot. First Information Report was registered under Sections 279 and 337 of the Indian Penal Code as against the first respondent. The second respondent is the owner of the motorcycle and the third respondent is the insurer thereof. It has been specifically averred in the claim petition that Rampal @ Pale Ram became insane on account of multiple injuries he received in the accident. The respondents no. 1 to 3 in their separate written statements denied the accident and the rash and negligent driving attributed to the first respondent.

Three issues were framed by the Tribunal for determination:-

1) Whether the accident in question took place due to the rash and negligent driving of the first respondent.

2) To what amount of compensation is the petitioner entitled and from whom?

3) Whether the first respondent was not holding a valid driving license on the date of the accident.

The Court heard the submission made on either side.

Firstly, it is found that there is nothing on record to show that the Tribunal came to a conclusion that Rampal has become insane and, therefore, he has to be represented by his wife and next friend to pursue the claim petition. Secondly, no point for determination was framed as to whether the petitioner-Rampal became insane due to the accident. Thirdly, inspite of the fact that PW1 the wife of the petitioner-Rampal has deposed that Rampal became insane on account of the accident, no decision was arrived at by the Tribunal as to whether Rampal became insane on account of the accident. Very unfortunately medical evidence also is lacking in this case to clinch the point as to whether Rampal became insane on account of the accident. A doctor was examined by the petitioner but unfortunately he has not spoken anything about the insanity of Rampal. The Tribunal which has permitted the wife to represent her husband who has allegedly become insane on account of the accident should have gone deep into the matter to arrive at the conclusion as to whether Rampal has become insane on account of the accident. In my view, in the interest of justice to arrive at just compensation, the matter will have to be remanded for fresh disposal of the case after giving opportunity to both the sides to lead further evidence as regards the issue whether Rampal became insane on account of the accident. Therefore, the order passed by the Tribunal stands set aside and the Tribunal is directed to give further opportunity to both the parties to lead further evidence with respect to the insanity of Rampal and dispose of the case afresh within four months from the date of receipt of this order. There is no order as to costs.