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1996 DIGILAW 88 (HP)

H. R. T. C. v. GIAN SINGH

1996-05-23

P.K.PALLI, R.L.KHURANA

body1996
JUDGMENT P. K. Palli, J —This first appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Shimla, dated 27th March, 1992. 2. The respondent-claimant had filed a claim for compensation on account of multiple injuries resulting in fractures while he was travelling in the bus which was being driven rashly and negligently by the driver. At one point of time, the bus struck against a Dhank at a place known as Chhaila. The passengers admonished the driver to ply the bus cautiously, but to no result. The driver is said to have continued driving negligently and in a rackless manner. At another point, it went out of the road and several persons travelling in the said bus lost their lives. The claimant remained in the hospital from 7th August, 1988 to 31st August, 1988 and remained bed ridden thereafter for about three months, A claim of Rs. 1,25,000 only was prayed. 3. The learned Tribunal on appreciation of evidence recorded a finding that several lives were lost due to rackless driving of the driver of the appellant and the respondent who was the petitioner received several injuries resulting infractures. A total amount of Rs. 50,000 stands awarded under several heads. 4. Feeling aggrieved against the impugned order, the learned Counsel appearing for the appellant submits that there is overlapping of the heads particularly, "(b)", "(c)" and "(d)”. 5. After having heard the learned Counsel for the parties and on perusal of the impugned order, we do not find that it suffers from any illegality, impropriety or error of judgment. 6. In our view even assuming that there is overlapping of the heads, cumulative effect of the attending circumstances and compensation were to be weighed and, therefore, even under the head "(a)" the amount could be clubbed and awarded. 7. It has come on record that the respondent-claimed remained as indoor patient for about 25 days and further remained confined to bed for three months. It has also been proved on record that the claimant suffered fracture on seven ribs apart from injuries to lungs, legs, head and other organs of the body. This would by itself show that he must have remained in constant pains, stress and agony The physical pains he might have suffered can be well imagined. It has also been proved on record that the claimant suffered fracture on seven ribs apart from injuries to lungs, legs, head and other organs of the body. This would by itself show that he must have remained in constant pains, stress and agony The physical pains he might have suffered can be well imagined. In his statement before the Court, he has stated that as a result of the injuries, his memory as well as vision has been affected particularly because of the injuries received by him on the head. It has also been stated that because of the ribs having been broken, he was feeling it difficult to walk and it is incorrect that he has fully recovered from the disability and the pains. This statement stands corroborated by Dr. Anil Bhardwaj examined as PW 6 who has stated that due to injuries, the patient may still have vague pains, These injuries coupled with the fractured ribs caused severe pains disturbing sleep and the petitioner needed the aid of an attendant to help him in getting the treatment in the hospital. It has been established beyond doubt that the accident occurred due to rash and negligent driving of the driver. The compensation thus had to be assessed in the given situation and for that matter, the learned Tribunal awarded Rs, 10,000 only on account of physical agony and mental shock, 8. In respect of the loss of amenities Rs. 15,000 only has been awarded, Under the head compensation on account of damages and longevity of life, the claimant was awarded Rs. 13,000 only. It is under this head that the learned Counsel is at pains to submit that the injuries have been said to be curable by the Dr and, therefore, there was no question of the longevity of life being affected. 9. We are not prepared to accept this argument, With multiple injuries and fractures, the span of life is shortened. One in the given situation would not feel himself to be a normal healthy person and this feeling by itself shortens the life. 10. On account of discomfort, an amount of Rs. 7,000 only stands granted and Rs. 5,000 has been granted for medical treatment. In our view, an amount of Rs. 7,000 granted on account of distress is on the lower side. 10. On account of discomfort, an amount of Rs. 7,000 only stands granted and Rs. 5,000 has been granted for medical treatment. In our view, an amount of Rs. 7,000 granted on account of distress is on the lower side. As said above, assuming that there was overlapping under the heads, the fact remains that the total amount granted appears to be on the reasonable side. No injustice appears to have been caused on account of alleged overlapping of the heads. The claimant remained in the hospital and thereafter confined to bed roughly for about four months. Even if he was on leave, he was entitled for the benefits which would have otherwise accrued to him and even if some amount under a particular head is said to be slightly in excess, we find that under the other head, it is on the lower side. It has, therefore, not resulted in any injustice to the appellant. 11. Consequently, we do not find any merit in this appeal and the same is ordered to be dismissed. Appeal dismissed.