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Madhya Pradesh High Court · body

1978 DIGILAW 30 (MP)

Subhashchandra v. Rawalsingh

1978-01-12

A.R.NAVKAR, H.G.MISHRA

body1978
Short Note : 1. After taking the evidence of both the parties and hearing learned counsel for both the parties, the Tribunal gave an award as under :- 1. For medical expenses the amount spent is held to be Rs. 376.79 which the Tribunal calculated on the basis of the receipts produced by the appellant. 2. The loss suffered because he could not appear for the examination for one year Rs. 1,000. 3. For mental suffering and physical pain, the Tribunal awarded Rs 1,000. 4. For future prospects in life, the Tribunal has held that because he is already in Government service as an Overseer, therefore, it cannot be held that he has lost future prospects in life and as such has given no compensation. 2. In all, the Tribunal has given Rs. 2,376.79 as compensation, to the appellant. Against this award, the appellant has come before us and has challenged it, saying that the amount given as compensation is meagre and finding that he is not entitled for any award as far as future prospects in life are concerned, is not correct. No appeal is filed by respondent against the award. Held : In paragraph 15, he says that he appeared for Military Engineering Services and he was selected for superior grade No. II. He was called for medical examination at Military Hospital, Morar, but because of the defects he was rejected. The grade of that post was from Rs. 180 to 360 per month and Rs. 80 as dearness allowance. He would have been also entitled to other amenities like free quarters, if he would have served on that post for three years, he would have become Superintendent then Assistant Engineer, and Engineer also. He has lost all these prospects and now he is only an Overseer. Because he cannot work outdoor and he cannot do practical work, therefore he is not hopeful that he will get any superior post except that of an Overseer, in the department he is working. These statements, the other party has not put to a searching cross-examination. On the contrary, it has come in cross-examination that on the date of his statement he was not married yet. But he has said that some talk regarding his marriage is going on. Therefore, the effect of the injuries on his prospects of his marriage cannot be considered. These statements, the other party has not put to a searching cross-examination. On the contrary, it has come in cross-examination that on the date of his statement he was not married yet. But he has said that some talk regarding his marriage is going on. Therefore, the effect of the injuries on his prospects of his marriage cannot be considered. But, his future prospects have been marred because of the accident. Therefore, we feel that he is entitled for damages for the loss of further prospects in his life Taking a rough estimate from whatever he has stated in his evidence and taking also into consideration the physical and mental suffering he has suffered, we think that a compensation of Rs. 10,000 will be the proper amount. Appeal allowed.