Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 1123 (RAJ)

Shivaji v. Maharashtra State Road Transport Corporation

2010-06-23

A.P.BHANGALE

body2010
Hon'ble BHANGALE, J.—Appellant was granted interim compensation of Rs. 12,000/- under Section 140 of the Motor Vehicles Act. Appellant is held not entitled to additional compensation on determination of his claim under Section 166 of the Act. This is how he is aggrieved against the judgment and award passed on 5.12.1995 by the Member, Motor Accident Claims Tribunal, Buldana in Claim Petition No. 5 of 1992. 2. Learned counsel for the appellant contends that there was sufficient space for the bus to pass through which fact is sufficient to establish that the driver was rash and negligent in driving the vehicle. He contends that removal of testicle, even according to the Tribunal, amounts to privation of lump which is a permanent disability and, therefore, rejection of claim is bad in law. Due to the accident, appellant has lost his ability to conceive a woman. Learned counsel for respondents has, on the other hand, supported the award. 3. Dr Vijay Chopde (witness no.2) examined by the appellant has admitted that with one testicle the injured can have reproductive capacity and he is able to give birth to a child. He has denied the suggestion that a person without one testicle cannot conceive a woman. In cross-examination he has deposed that removal of one testicle is not an impediment to enjoy sex and physical capacity also of such person remains unaffected. 4. On perusal of record I find that the appellant had not produced any bills to establish that he had spent Rs. 10,000/- or so over purchase of medicines. No record as to the hospitalization of appellant for five weeks has been adduced on record. Doctor who was examined by appellant, did not depose anything about injury to right leg of appellant. It is doctor’s evidence that appellant’s over-all physical capacity has remained unaffected and, therefore, claim of the appellant that he is unable to earn as a coolie, is without any substance. Loss of his sexual capacity is also not established. On the contrary, doctor has deposed that the appellant can conceive a woman and can have normal sex. 5. The appellant was granted interim compensation of Rs. 12000/- under Section 140 of the Act. The finding rendered by the Tribunal that the claimant is entitled to additional compensation of Rs. 7000/- on all counts, therefore, needs no interference. 6. On the contrary, doctor has deposed that the appellant can conceive a woman and can have normal sex. 5. The appellant was granted interim compensation of Rs. 12000/- under Section 140 of the Act. The finding rendered by the Tribunal that the claimant is entitled to additional compensation of Rs. 7000/- on all counts, therefore, needs no interference. 6. In the result, appeal fails and is accordingly dismissed with no order as to costs.