Jagjeet Singh Vs. Vidhya Dhan and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/771452
SubjectInsurance;Motor Vehicles
CourtRajasthan High Court
Decided OnDec-03-1987
Judge A.K. Mathur, J.
Reported inI(1988)ACC569
AppellantJagjeet Singh
RespondentVidhya Dhan and ors.
Excerpt:
- - 3. i have heard learned counsel for the appellant as well as mr.a.k. mathur, j.1. this is an appeal against the award of the motor accidents claims tribunal, jodhpur dated 31 july, 1984. the tribunal by its order dated 31-7-84 has awarded a total sum of rs. 24,580/- to the claimant. aggrieved against this award, the injured claimant has filed the present appeal to suitable enhancement of the award.2. the brief facts, giving risk to this appeal are that on 18-10-80 a-one army truck collided against the scooter of claimant near loko shed jodhpur, as a result of colliding with this army truck the claimant received fracture of the right leg and be was hospitalised for more than 6 months in the hospital. therefore, the injured claimant filed a claim petition before the tribunal and claimed rs. 89,470/-as compensation. the claim petition was contested by the non-claimants. the learned tribunal, after considering over the matter, awarded a sum of rs. 1,000/- as a special damage on account of medicine, rs; 1380/- for charges for cottage ward, rs. 3,000/- for special diet and rs. 4,200/- for victim remained on leave from his job and he was sanctioned leave without pay. thus a total sum of rs, 9,580/- were warded to the claimant. the claimant claimed a special sum of rs. 15,000/-for pain and suffering rs. 30000/- for future disability and a sum of rs. 30,000/- for loss of future employment. the tribunal awarded a sum of rs. 15,0 jo/- as compensation under all these heads mr. ratan singh, learned counsel for the appellant has contended that the tribunal should have awarded the damages claimed under the various heads instead of giving a composite amount of rs. 15,000/-. learned counsel submitted that as a result of this injury to his leg according to medical evidence his future efficiency has been reduced to 20%. in this connection, learned counsel has invited my attention to the statement of mr. subhash baveja pw 5, learned counsel submitted that at least the tribunal should have assessed damage under this separate head.3. i have heard learned counsel for the appellant as well as mr. joshi learned counsel for the respondent. i think the. contention of mr. ratan singh appears to be correct. the tribunal should have allowed or rejected the claim under the each special bead instead of awarding the amount of a composite manner.4. now, coming to the other heads so far as future disability on r account of this injury is concerned the claimant has claimed rs. 30,000/-.the claimant was drawing rs. 700/- and 20% is a future disability i.e. 20% of rs. 700/-comes to rs. 140/-. the claimant was 27 years old therefore, in the present case a multiplier of 15 years should be employed and that comes io rs. 25,000/-. 1 think this amount of compensation is rightly deserved by the appellant, more so in statement the claimant has deposed that be has been removed by rajasthan state road transport corporation on account of remaining absent for a period of 6 to 8 months: thus, the appellant is entitled to a sum of rs. 25,000/ as compensation under this head.5. now coming to the question of compensation for pain and suffering is concerned though it is difficult to assess suffering in terms of money, however, the appellant has remained in the hospital, therefore, he should be awarded rs. 6,000/-for pain and suffering. next question is of future loss of service for that he has claimed a sum of rs. 30,000/-. imply because there is some defect developed in his leg that will not deprive him for future employment. thus, i do not think that the appellant is entitled to any damage under this head.6. in the result, the appeal is allowed in part and appellant is entitled to claim jointly or individually a sum of rs 25,000/- under the head of 20% future disability and a sum of rs. 6000/- for pain and suffering, he is entitled to rs. 9,580/- as a special damage as decreed by the tribunal; thus, the appellant is entitled to a compensation in a sum of rs. 40,580/-. he is entitled to interest @ 12% from the date of claim petition. no order as to costs.
Judgment:

A.K. Mathur, J.

1. This is an appeal against the award of the Motor Accidents Claims Tribunal, Jodhpur dated 31 July, 1984. The Tribunal by its order dated 31-7-84 has awarded a total sum of Rs. 24,580/- to the claimant. Aggrieved against this award, the injured claimant has filed the present appeal to suitable enhancement of the award.

2. The brief facts, giving risk to this appeal are that on 18-10-80 A-one army truck collided against the scooter of claimant near Loko Shed Jodhpur, as a result of colliding with this army truck the claimant received fracture of the right leg and be was hospitalised for more than 6 months in the hospital. Therefore, the injured claimant filed a claim petition before the Tribunal and claimed Rs. 89,470/-as compensation. The claim petition was contested by the non-claimants. The learned Tribunal, after considering over the matter, awarded a sum of Rs. 1,000/- as a special damage on account of medicine, Rs; 1380/- for charges for cottage ward, Rs. 3,000/- for special diet and Rs. 4,200/- for victim remained on leave from his job and he was sanctioned leave without pay. Thus a total sum of Rs, 9,580/- were warded to the claimant. The claimant claimed a special sum of Rs. 15,000/-for pain and suffering Rs. 30000/- for future disability and a sum of Rs. 30,000/- for loss of future employment. The Tribunal awarded a sum of Rs. 15,0 JO/- as compensation under all these heads Mr. Ratan Singh, learned Counsel for the appellant has contended that the Tribunal should have awarded the damages claimed under the various heads instead of giving a composite amount of Rs. 15,000/-. Learned Counsel submitted that as a result of this injury to his leg according to medical evidence his future efficiency has been reduced to 20%. In this connection, learned Counsel has invited my attention to the statement of Mr. Subhash Baveja PW 5, Learned Counsel submitted that at least the Tribunal should have assessed damage under this separate head.

3. I have heard learned Counsel for the appellant as well as Mr. Joshi learned Counsel for the respondent. I think the. contention of Mr. Ratan Singh appears to be correct. The Tribunal should have allowed or rejected the claim under the each special bead instead of awarding the amount of a composite manner.

4. Now, coming to the other heads so far as future disability on r account of this injury is concerned the claimant has claimed Rs. 30,000/-.The claimant was drawing Rs. 700/- and 20% is a future disability i.e. 20% of Rs. 700/-comes to Rs. 140/-. The claimant was 27 years old therefore, in the present case a multiplier of 15 years should be employed and that comes io Rs. 25,000/-. 1 think this amount of compensation is rightly deserved by the appellant, more so in statement the claimant has deposed that be has been removed by Rajasthan State Road Transport Corporation on account of remaining absent for a period of 6 to 8 months: Thus, the appellant is entitled to a sum of Rs. 25,000/ as compensation under this head.

5. Now coming to the question of compensation for pain and suffering is concerned though it is difficult to assess suffering in terms of money, however, the appellant has remained in the hospital, therefore, he should be awarded Rs. 6,000/-for pain and suffering. Next question is of future loss of service for that he has claimed a sum of Rs. 30,000/-. Imply because there is some defect developed in his leg that Will not deprive him for future employment. Thus, I do not think that the appellant is entitled to any damage under this head.

6. In the result, the appeal is allowed in part and appellant is entitled to claim jointly or individually a sum of Rs 25,000/- under the head of 20% future disability and a sum of Rs. 6000/- for pain and suffering, he is entitled to Rs. 9,580/- as a special damage as decreed by the Tribunal; Thus, the appellant is entitled to a compensation in a sum of Rs. 40,580/-. He is entitled to interest @ 12% from the date of claim petition. No order as to costs.