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2005 DIGILAW 3128 (RAJ)

Padma Bai v. Shivpal

2005-11-24

VINEET KOTHARI

body2005
Judgment Vineet Kothari, J.-This appeal is directed against the award of Tribunal dated 111.1998 while deciding the Claim Case No. 63/1993. 2. The claimant appellant, Smt. Padma Bai was traveling in RSRTC Bus No. RJ-14P-1699 from Chittorgarh to Bhilwara on 310.1992 when the said bus met with a head on collision with a truck coming from opposite side namely Truck No. RJ-14/G-0993 and as a result of said impact of collision some luggage lying on the shelf inside the bus fell upon the appellant and she lost some of her teeth and suffered other injuries. 3. The Tribunal found drivers of both the vehicles equally negligent and came to the finding of their contributory negligence which has been upheld by this Court in connected appeals arising out of same accident one of them being CMA No. 248/1999 RSRTC vs. Aasha Mathur & Ors., decided on 111.2005. 4. While deciding the compensation amount for the said injured appellant, the Tribunal awarded a sum of Rs. 29,600/-for the injuries suffered by the claimant-appellant and the medical expenses incurred for treatment. 5. Learned Counsel for the appellant submits that the appellant had to remain in hospital for about 13 days after the accident and had also suffered injuries on her right thigh and right leg under the knee and right hand side of the head also and, therefore, she could not even sit properly for a considerable period, as a result of these injuries and she could not eat her food properly on account of loss of her teeth. He submits that the compensation awarded by the Tribunal is on the lower side and deserves to be enhanced. 6. Having heard the learned Counsel and after perusal of the record including the X-ray reports of the said claimant-appellant, this Court is of the opinion that the case does not call for any enhancement for the compensation of the amount awarded by the Tribunal. The injuries in question were simple injuries and no fracture of spinal cord or any other bone injury was found. 7. Accordingly, the claim for seeking enhancement of the compensation is without any merit and the same is hereby dismissed. The appeal is accordingly dismissed. 8. Before parting, it is noticed that in appeals arising out of Motor Accident Claims, such appeals come to this Court after a number of years of the said accident. 7. Accordingly, the claim for seeking enhancement of the compensation is without any merit and the same is hereby dismissed. The appeal is accordingly dismissed. 8. Before parting, it is noticed that in appeals arising out of Motor Accident Claims, such appeals come to this Court after a number of years of the said accident. The evidence forming part of the record which is placed before the Tribunal get faded or documents even get torn or deshaped and the appeal for enhancement or negligence are to be decided on the basis of such material. The site-plan prepared by the police authorities are also sometimes not very clear and they become misleading. In present era of technology, it is rather very easy and affordable to have photographic material before the Tribunal for deciding such motor accident claims to that such photographs also form part of the record when the appeals arising out of such awards are before the High Court or before the Honble Supreme Court. Therefore, it would be in the fitness of the things, if the police authorities with whom such first information of the accident taking place is lodged while making the other relevant documents such as making site plan, panchnama etc. also to arrange photographs of the site including the vehicles involved in the accident showing their registration numbers, damage caused, position etc. and persons who have suffered injuries or even fatal accident resulting into death. They may authenticate with seal and signatures, such photographs of a particular accident, its date, particulars of injured, deceased etc. and such photographs may be filed with challan in Court of law with their negatives. That may give a more clearer and authentic view of the accident taking place on a particular site or in a particular manner and that may help in deciding the question of negligence as well as the status of deaths and injuries resulting on account of said accidents. This will also avoid lodging of false and frivolous claims before the Tribunals. State should make arrangements for meeting cost of such photographs to be taken in the first instance, which may be recovered from the person for whose benefit such photographs are to be used later on either in criminal proceedings or claim cases resulting out of such accidents. This will also avoid lodging of false and frivolous claims before the Tribunals. State should make arrangements for meeting cost of such photographs to be taken in the first instance, which may be recovered from the person for whose benefit such photographs are to be used later on either in criminal proceedings or claim cases resulting out of such accidents. Such Photographs besides other relevant evidence, should be invariably placed on the record of the Tribunal by the claimants for deciding such claim cases on the cost of the claimants and if such photographs form part of the record of the criminal case arising out of such accidents the concerned police station or Court should make available the copies of such photograph to the claimants at their own cost. In some appropriate cases, it may be even found necessary and expedient by the High Court deciding the appeals arising out of such claim cases to direct the claimant appellants to produce the latest photographs of the injured persons in the injury cases so that their present status of health and injury so also before the Court. It will of course depend upon facts of each case and if in a particular case the High Court finds it necessary and expedient to call for such latest photographs of such injured person, it can do so. However, it should be made incumbent for the police station where the first information report of such accident is lodged to arrange for photographs of the vehicles involved, injured and deceased persons either at the site or in the hospital and site in question to be taken and it should be kept on record, after authentication as indicated above, and copies of which can be made available to the claimants and other persons at their own costs. This should serve the ends of justice in a more efficient, just and proper manner. Therefore, it is directed that henceforth all police stations or such other agency the State Government may authorise, shall take necessary steps to make such arrangements at their own or photographers available in the area, as may be necessary to make photographic record of the accidents taking place within the State of Rajasthan and arising between or with the motor vehicles registered under the Motor Vehicles Laws as indicated above. 9. 9. With these observations, this appeal for enhancement is dismissed with no order as to costs. 10. Let a copy of this order be sent to Chief Secretary and Director General of Police for ensuring compliance of the same.