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2005 DIGILAW 771 (RAJ)

Bhagirath Singh v. Chiranji Lal

2005-03-11

J.R.GOYAL

body2005
JUDGMENT 1. - In an injury case the claimant Bhagirath not being satisfied with the compensation awarded by the Motor Accident Claims Tribunal, Jaipur has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 and claimed more compensation under various heads. 2. The appeal is directed against the judgment and award dated 3.12.1990 passed by Motor Accident Claims Tribunal, Jaipur in M.A.C.T. Case No. 458 of- 1987. 3. In short the facts of the case are that on 21.2.1987 the claimant Bhagirath Singh was going in a tempo No. RRB 7442 as a conductor from Ajmeri Gate to Sanganer. As soon as the tempo started from the petrol pump stand a tractor No. RND 1076 came from behind in a very fast speed and collided with the tempo resulting the claimant Bhagirath Singh sustained various grievous injuries. 4. After the trial the claims Tribunal awarded Rs. 1,02,500/- as compensation. 5. Aggrieved by the award on the ground of inadequacy this appeal is preferred by the claimant-appellant. 6. Learned counsel for the appellant submitted that the claimant - appellant sustained many serious injuries including the fracture of upper 1/4th right femur, dislocation and fracture of right hip, open fracture of the right superior ramps with lacerated wound on the supra pubic area and lacerated wound on the right scrotum, right testicle was also feasible. It was also contended that the doctors approved that due to injuries the appellant suffered 40% disability and the leg was shortened and was operated many times. He also received as many as 27 stitches on stomach and nine stitches on male organ, remained hospitalised for months, his flesh was cut from the left leg for plastic surgery. It was also submitted that on account of injuries he became impotent at the age of 20 years. Thus his future became miserable and he became unable to earn his livelihood. Even then, learned Tribunal awarded a meagre amount of Rs. 1,02,500/- ignoring the proved facts. In support of the submissions learned counsel for the appellant relied upon R.D. Hattangadi v. Pest Control (India) Pvt. Ltd., 1995 ACJ 366 (SC). 7. Learned counsel for the respondent-Insurance Company argued that the learned Tribunal considered all the relevant facts and awarded total compensation of Rs. 1,02,500/- which is just and proper and does not require any interference by this Court. 8. I have considered the rival submissions. 7. Learned counsel for the respondent-Insurance Company argued that the learned Tribunal considered all the relevant facts and awarded total compensation of Rs. 1,02,500/- which is just and proper and does not require any interference by this Court. 8. I have considered the rival submissions. From the material available on the record these facts are not disputed that on account of accident the claimant Bhagirath sustained many injuries including the fracture of the upper 1//t1 right femur, central fracture dislocation of right hip, open fracture of the right superior ramps with lacerated wound on the supra pubic area and lacerated wound on the right scrotum including the injuries on right testicle. Doctor Madhav Upadhyay also stated that due to injuries claimant-appellant Bhagirath Singh became impotent, he was operated three times and for the purpose of plastic surgery his flesh was taken from his left leg. Dr. Vivekanand AW-4 also proved injury report of Bhagirath Singh. It was also proved that on account of injuries there was shortening of his leg and he suffered 40% disability. This fact is also not controverted that at the time of accident the claimant-appellant Bhagirath Singh was 20 years of age and was working as a conductor in the tempo. 9. It is well settled that in awarding damages in personal injury cases, the compensation awarded by the Court should be substantial and it should not be merely token damages, because in injury cases the original position cannot be restored so the law endeavour to give a fare equivalent in money so far as money can be an equivalent and so make good the damage. 10. In R.D. Hattangadi's case (supra) the Hon'ble Apex Court observed as under: "Broadly sneaking, while fixing the 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; (ii) other material losses. 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; (ii) other material losses. So far as non-pecuniary damages are concerned, they shall include; (i) damages for mental and physical shock, pain and suffering already suffered or likely to be suffered in the 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 loss of expectation of life, i.e. on account of injury the normal longevity of the person concerned is shortened; (iv) un convenience, hardship, discomfort, disappointment, frustration and mental stress in life." 11. Considering this matter in the light of above guidelines rendered by the Hon'ble Apex Court, I feel that compensation awarded by the learned Tribunal is in very much lower side. As discussed above, at the age of only 20 years claimant Bhagirath Singh became impotent, he suffered many injuries including the fracture, shortening of leg and disability was assessed about 40%. In view of these facts, I feel it proper to enhance the amount of compensation to the tune of Rs. 1,50,000/- in lump sum. 12. Consequently, the appeal is allowed and the total amount of compensation is enhanced to Rs. 1,50,000/- from Rs. 1,02,500/- with interest @ 6% per annum on the enhanced amount from the date of application till payment.Appeal allowed. *******