BHAWANI SINGH, CJ. ( 1 ) THIS appeal is dents Claims Tribunal, Bhopal in Claim directed against the award of Motor Acci Case No. 94 of 1993, dated 29. 4. 1994. ( 2 ) SHORTLY stated, claimant is Assistant engineer in Water Resources Department, government of M. P. , Bhopal. On 15. 4. 93, at about 6. 15 p. m. , he was standing near kirana shop of Mahesh Chand Jain, Sewa sadan, TT Nagar, Bhopal, and buying some kirana articles. Mohd. Rafiq, driver of minibus No. MP 04-0990, owned by chandni Bi, insured with United India Insurance Co. Ltd. , strode into the shop. The claimant was run over by the bus. One died while claimant suffered compound fracture of ilium right side and fracture of tibia and fibula left leg, apart from other injuries. He was admitted in Hamidia Hospital, bhopal, later shifted to Gokuldas Hospital, indore. Two major and two minor operations were performed on various dates. The allegation is that the accident took place due to rash and negligent driving of the bus by Mohd. Rafiq. As a result of this accident, the claimant had to incur heavy expenses on treatment, attendant, transport, special diet, apart from expenditure on miscellaneous items. Treatment spread over many months. Right from the day of accident, during treatment and thereafter, he underwent great pain and suffering. In all, compensation of Rs. 9,15,451 has been claimed. ( 3 ) OWNER and driver of the bus have not appeared, therefore, proceeded ex pane. United India Insurance Co. Ltd. has denied all the allegations. It alleges that driver of the bus did not possess valid driving licence. ( 4 ) ON the pleadings of the parties and hearing the parties, the Claims Tribunal held that accident took place as alleged. In this accident, the claimant suffered grievous injuries. Compensation of Rs. 1,10,000 is awarded carrying interest at the rate of 12 per cent per annum. The claimant is not satisfied with the award, therefore, it has been challenged through this appeal. ( 5 ) MR. A. D. Deoras, learned counsel for the claimant, contends that the claimant suffered serious injuries in this accident. He suffered permanent disability to the extent of 45 per cent. There is fracture of tibia and fibula left leg and compound fracture of ilium right side, apart from other injuries. He continued treatment for three months.
( 5 ) MR. A. D. Deoras, learned counsel for the claimant, contends that the claimant suffered serious injuries in this accident. He suffered permanent disability to the extent of 45 per cent. There is fracture of tibia and fibula left leg and compound fracture of ilium right side, apart from other injuries. He continued treatment for three months. After four operations during the course of trial, fifth operation was to be undertaken for extraction of screws fitted at the affected parts of the body of the claimant. The Claims Tribunal has not awarded just compensation on any items of expenditure nor for general damages awardable to the claimant. ( 6 ) MRS. A. Ruprah, learned counsel for united India Insurance Co. Ltd. , submits that the Claims Tribunal took into account the evidence furnished by the claimant, therefore, it cannot be said that the award is inadequate. ( 7 ) GIVING consideration to the matter in the context of evidence on record and submissions of the learned counsel for the parties, we proceed to consider what just compensation is awardable in this case. At the risk of repetition, it may be recorded that the claimant is Assistant Engineer in water Resources Department, Government of M. P. , Bhopal. At the young age of 36 years, he suffered serious injuries in this accident. There is fracture of tibia and fibula left leg. There is a compound fracture of ilium (hip bone) right side. Permanent disability is 45 per cent. He was admitted in Hamidia Hospital, Bhopal and for lack of proper treatment, he was shifted to gokuldas Hospital, Indore. It seems, he remained in hospital for about 3 months. Obviously, he had to attend the hospital on occasions to undergo further treatment. He was subjected to four operations during treatment and further one more operation to be carried out for extraction of screws/ nails fitted in the body during past operations. During this period, the claimant underwent great pain and suffering. He must have spent considerable amounts on medicine, doctor's care, operation charges, special diet, attendant, transport, etc. Mr. A. D. Deoras places before us decision of supreme Court in R. D. Hattangadi v. Pest control (India) Pvt. Ltd. , 1995 ACJ 366 (SC ).
During this period, the claimant underwent great pain and suffering. He must have spent considerable amounts on medicine, doctor's care, operation charges, special diet, attendant, transport, etc. Mr. A. D. Deoras places before us decision of supreme Court in R. D. Hattangadi v. Pest control (India) Pvt. Ltd. , 1995 ACJ 366 (SC ). Emphasis is laid on para 9 of the judgment, in which it is held:" (9) Broadly speaking, while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. Pecuniary damages are those which the victim has actually incurred and which are capable of being calculated in terms of money; whereas non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations. In order to appreciate two concepts pecuniary damages may include expenses incurred by the claimant; (i) medical attendance; (ii) loss of earning of profit up to the date of trial; (iii) other material loss. So far as non-pecuniary damages are concerned, they may include: (i)damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in future; (ii) damages to compensate for the loss of amenities of life which may include a variety of matters, i. e. , on account of injury the claimant may not be able to walk, run or sit; (iii) damages for the loss of expectation of life, i. e. , on account of injury the normal longevity of the person concerned is shortened; (iv) inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life. "( 8 ) NOW, we turn to decide what compensation should be allowed to claimant in the background aforesaid on various items of expenditures, which can be possibly visualised in the context of the evidence and submissions made by the counsel for the parties. With regard to pain and suffering, claims Tribunal has awarded Rs. 20,000, which, in the context of serious nature of injuries, disability and treatment, appears to be wholly inadequate. Therefore, we award compensation of Rs. 1,00,000 for pain and suffering. Next head is expenditure on treatment, the Claims Tribunal has awarded Rs. 50,000 for medical, transport, special diet inclusive of future treatment. It is desirable to award compensation separately in all these heads. The claimant has filed bills, doctor's fee'bills on the file, which come to Rs. 37,363.
Therefore, we award compensation of Rs. 1,00,000 for pain and suffering. Next head is expenditure on treatment, the Claims Tribunal has awarded Rs. 50,000 for medical, transport, special diet inclusive of future treatment. It is desirable to award compensation separately in all these heads. The claimant has filed bills, doctor's fee'bills on the file, which come to Rs. 37,363. The claimant is to undergo fifth operation for this purpose. He will be an indoor patient and spend on medicine, doctor's fee again. Therefore, it is desirable to allow Rs. 30,000 for further treatment. Looking to the nature of injuries, attendance by family members on him is not enough. He required attendant for doing many jobs during treatment and may require now for sometime. Therefore, amount of Rs. 20,000 is awarded for this purpose. The claimant used transport quite often from Bhopal to Indore during treatment and will use it during fifth operation. The Tribunal has awarded Rs. 5,000 which seems to be inadequate. Accordingly, the claimant is awarded Rs. 5,000 more than the amount of Rs. 5,000 awarded by the tribunal. Similarly for special diet, the amount of Rs. 5,000 is awarded in addition to the amount awarded by the Tribunal. ( 9 ) ACCORDINGLY, the appeal is allowed, award is modified. The claimant shall be entitled to compensation of Rs. 2,07,363. Enhanced compensation will carry interest at the rate of 9 per cent per annum from the date of application till payment to be made within two months. Costs on parties. Appeal allowed. .