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2001 DIGILAW 178 (KAR)

Theo Parsons v. Yankappa

2001-02-22

T.N.VALLINAYAGAM

body2001
JUDGMENT T.N. Vallinayagam, J.—This appeal is disposed of with consent of both parties. 2. The appellant-claimant is aggrieved by the quantum of compensation granted in MVC No. 1175 of 1988 by the MACT, Dharwad, in respect of the injuries he sustained in the accident when he was travelling in the KSRTC bus bearing No. CAF 3544 plying from Bangalore to Kolhapur. The bus dashed against a truck bearing No. MTQ 4761 resulting in the injuries. 3. Claimant was a mechanic by profession, working in Sandur Manganese and Iron Ore Limited, Deogiri, District Bellary and he is drawing a salary of Rs. 1,700.00 p.m. and claiming Rs. 2,000.00 for medical expenses and Rs. 1,60,000.00 as total compensation. 4. The injuries sustained by him is evidenced by Ex.P4. It shows that he has sustained a fracture of humerous of shaft (left). Ex.P4 also shows that close manipulation was done and 'V' slab was applied. It is further disclosed that he has been discharged at his own request. He was hospitalised from 19.11.1988 to 8.12.1988 as per Ex.P 9. The Court below granted Rs. 15,000.00 for injuries and Rs. 30,000.00 for medical expenses and for treatment of the injuries, finding that there is no proof of loss of income, Rs. 1,500.00 as taxi charges, Rs. 1,500.00 to examine the Doctor on commission and in total Rs. 48,000.00. 5. Aggrieved by the quantum, the learned Counsel for the appellant submits that grant of Rs. 30,000.00 for treatment of injuries is on lower side and grant of Rs. 15,000.00 for injuries is also on lower side. Though he says that the claimant was on leave for 207 days from 11.11.1988 to 5.6.1989, no proof is forth-coming before this Court and before the Tribunal. In respect of the arm injuries, for example right hand forearm of a minor Petitioner had been seriously crushed, the Madras High Court has granted Rs. 2,100.00 towards special damages, and Rs. 15,000.00 for general damages, in M.R.V. Bus Service (P) Ltd. Vs. Ravi and Anr., AIR 1974 Mad 212 . For a similar right hand, right fore-arm injury of a 26 years old M. Sc., graduate a sum of Rs. 43,000.00 was granted by the Allahabad High Court, reported in Ramesh Kumar Awasthi Vs. The Collector, Saharanpur and Others, AIR 1982 All 425 . Ravi and Anr., AIR 1974 Mad 212 . For a similar right hand, right fore-arm injury of a 26 years old M. Sc., graduate a sum of Rs. 43,000.00 was granted by the Allahabad High Court, reported in Ramesh Kumar Awasthi Vs. The Collector, Saharanpur and Others, AIR 1982 All 425 . The Madhyapradesh High Court has granted in respect of 3 compound fracture of his radius and ulna of his right hand and his right thumb in respect of a person of 25 years old, the total sum of Rs. 30,000.00 in Suresh Kumar and Vs. Case reported in 1984 ACJ 189 : 1984 (1) TAC 380 (MP). The fracture of right forearm and disability of 90% which is considered as permanent disability was awarded Rs. 40,000.00 by the Punjab and Haryana High Court in Om Prakash Sekhri and Vs. Case reported in 1984 ACJ 435 (P & H). In respect of left hand which was smashed to pieces, a sum of Rs. 36,000.00 was granted by the Orissa High Court in Orissa Co-operative and Vs. Case, reported in 1976 ACJ 21 (Orissa). 6. It is seen that the grant of a total sum of Rs. 48,000.00 which is in the high side and does not call for any interference at all. The Court below also considered that there is no proof of loss of income as nothing is coming on record that the claimant has suffered loss of pay or did not attend the office for 207 days as a minimum of ground filed before this Court. In any event, the grant of Rs. 30,000.00 for medical expenses i.e., for treatment and for operation apart from Rs. 15,000.00 for injuries is also on higher side. 7. No interference is called for and the appeal is accordingly dismissed.