Rajasthan State Road Transport Corporation, Sirohi/Udaipur v. Mahendrapuri
2012-07-05
GOPAL KRISHAN VYAS
body2012
DigiLaw.ai
JUDGMENT 1. - Instant misc. appeal has been filed under Section 173, Motor Vehicles Act, 1988 by the appellant Rajasthan State Road Transport Corporation to challenge the judgment and award dated 6.4.2012 passed by the Motor Accident Claim Tribunal, Udaipur in M.A.C. Case No. 266/2010, by which, the Claim Tribunal awarded compensation of Rs. 4,25,000/- to the claimant-respondent. 2. As per facts of the case, an accident took place on 29.5.2006 near jangaliya Mohadi on jaswantgarh-Gogunda road when the claimant wan coming from Gogunda on his motor-cycle No. RJ-27-SH-9258 ana his motor-cycle was hit by the bus of the Corporation bearing No. RJ-24-P-1550. The said bus driver was driving the vehicle rashly and negligently and due to that both the vehicles collided and claimant fell down and received serious injuries and, due to those injuries, he was admitted to hospital for treatment where he was operated and he-remained under treatment for long time. The age of the claimant was 28 years at the time of the accident and he was earning Rs. 15,000/- per month from the work of sweet making. The injured claimant filed claim petition and after framing issues the Claim Tribunal awarded Rs. 4,25,000/- as compensation along with 9 per cent interest from the date of filing claim; and, further directed to pay compensation within the period of 30 days otherwise the claimant will be entitled to 12 per cent interest. 3. Learned counsel appearing on behalf of the appellant Corporation submits that the judgment impugned is erroneous because the Claim Tribunal has committed serious error in not holding claimant liable for the accident because he was himself negligent in driving and due to his negligence the accident occurred. Learned counsel for the appellant further submits that the Claim Tribunal has committed serious error while relying upon the evidence of the claimant and other witnesses examined on behalf of the claimant because there are so .many contractions in the statements of. the witnesses produced by the claimant. With regard to assessment of income, it is submitted that the Claim Tribunal has wrongly assessed income of the claimant as Rs. 3,500/- per month and considered 20% physical disability whereas physical disability was of part of the body and not.the whole body, therefore, Rs. 1,45,000/- awarded by the Claim Tribunal as compensation for loss of income is illegal.
With regard to assessment of income, it is submitted that the Claim Tribunal has wrongly assessed income of the claimant as Rs. 3,500/- per month and considered 20% physical disability whereas physical disability was of part of the body and not.the whole body, therefore, Rs. 1,45,000/- awarded by the Claim Tribunal as compensation for loss of income is illegal. As per learned counsel for the appellant the judgment impugned is totally illegal and deserves to be quashed because the same is based upon perverse finding. 4. After hearing learned counsel for the appellant I have perused the award impugned. 5. It appears from the award that in the accident caused by rash and negligent driving of the bus of the Corporation by its driver the claimant sustained various injuries upon his body and, after investigation, challan was filed against the driver of the Corporation bus under Sections 279, 337 and 338, I.P.C. In the said accident, the claimant suffered serious injuries upon both his legs and upon head also and he remained in coma for 13 days. Further, for three months the injured claimant lost his memory. The claimant produced on record all documents with regard to his treatment and about Rs. 2,200,000/- were spent for his treatment and operations. 6. As per injury report Ex.-7, in all 5 injuries are mentioned out of which injury Nos. 2 and 5 are simple in nature and injuries No. 1, 3 and 4 were found to be grievous in nature. In the aforesaid accident, right and left femur bones of the injured-claimant were fractured and screws were affixed for fixing the bones. Therefore, the Tribunal awarded compensation of 1,45,0000/- for loss of physical efficiency and further Rs. 2,50,000/- for treatment, operations, transportation and other ancillary expenses, The aforesaid amounts were awarded by the Claim Tribunal on the basis of documentary evidence produced on record by the claimants. 7. In my opinion, the Claim Tribunal gave issue-wise finding for making the assessment of compensation and out of Rs. 4,25,000/-, Rs. 2,50,000/- have been awarded for expenses incurred for treatment, transportation and recovery of health. Therefore, it cannot be said that assessment made by the Claim Tribunal is illegal in any manner. In this view of the matter, no case is made out for interference in the impugned award. 8. Hence, this miscellaneous appeal is hereby dismissed.Appeal dismissed. *******