Babulal vs Dinesh Kumar and Others

P.C. Agrawal, J.—Record of Tribunal and its award perused.

On 2.6.1992 appellant was travelling in bus No. G.K.-1-T/9736 from Jhabua to Bhopal. At 8.00 a.m. there had been a head on collision between this bus and truck No. M.Q.U.-549. Appellant sustained injuries due to composite negligence of both the drivers of the passenger bus and the truck. Driver of the passenger bus and the Gujarat State Road Transport Corporation as well as driver and owner of the truck and its Insurance Company were impleaded as parties in the claim for rupees three lacs. The Tribunal held that the accident was result of composite negligence of both the drivers. An amount of Rs. 20,000/- in lumpsum for permanent disability, diminution in earning capacity and enjoyment of normal amenities of life etc. and an amount of Rs. 4,000/- for medical expenses, in all Rs. 24,000/- with interest @ 12% per annum was awarded which was apportioned in equal shares between the driver, owner and Insurance Company of the offending truck and driver and Gujarat State Road Transport Corporation of the offending bus.

Babulal (A.W. 1) has claimed, that he had sustained injuries on his forehead, back of the head, a fracture in little finger of right hand, fractures of both bones of right leg and an injury in left leg index finger of the left leg was also injured, nose and jaw were injured and the teeth were loosened. He spoil blood and felt giddiness. 12 sutures were put to back of the head. His leg was put to plaster. He remained admitted in M.Y. Hospital between 2.9.1992 to 5.9.1992 vide discharge ticket Ex. P/2 proved by Dr. G.S. Vyas (A.W.-5). He remained admitted to Geeta Bhawan Hospital, Indore between 5.9.1992 to 16.9.1992 vide discharge slip Ex. P/3 proved by Dr. Gajendra Bhandari (A.W.-6). The later, his right leg and little finger of the hand were put to plaster. X-ray photographs of his right leg and right hand were taken and fracture of right tibia and fibula middle 1/3rd and fracture of little finger of right hand proximal phalyax was detected vide Ex. P/2. He remained under treatment of Dr. V.S. Agrawal of Dhahod at Ankit Hospital. He has submitted prescriptions Exs. P/11 to P/14 from Ankit Hospital in support. He has claimed that he has difficulty in walking and used to develop swelling. He feels pain while ascending ladder. He can not squat ride a bicycle and cannot kick the starter of the scooter. He claimed that his teeth with the molars have been loosened. He feels giddiess also. Dr. K.K. Saxena (A.W. 3) Assistant Superintendent of M.Y. Hospital had medically examined him on 22.11.1994 and has supported the statement of the appellant about his disabilities and claimed that right leg was shortened by one inch. The right leg had bent. Little finger was also bent. Some scars were left on his face or legs. He assessed the disability to the extent of 61% vide his report Ex. P/16 which was supported by X-ray report Ex. P/18 with X-ray plates. It is noteworthy that even the Tribunal below had found that the appellant had sustained permanent disability.

Appellant has submitted vouchers for purchase of medicines Exs. P/65 to P/68 for the total amount of Rs. 10,224/-. However, the Tribunal below has allowed only Rs. 4,000/- for medicine on the ground that he being a Government servant, might have claimed reimbursement of the same from his department though there had been no such definite plea or suggestion in the cross-examination of the appellant. Certainly, the Tribunal below should have allowed these expenses, these vouchers which is neither fag or forged. Thus, the appellant was entitled to get Rs. 15,000/- as medicines expenses.

Appellant had been a Government servant in Udyami Vikas Sansthan. His monthly galary had been about Rs. 4,450/- vide Ex. P/19 not taking city conveyance allowance and house rent allowance into consideration. He had been on leave for 74 days vide Ex. P/20, 26 days vide Ex. P/21, 26 days vide Ex. P/22 and 6 days vide Ex. P/23. In all for 136 days, thus, he is entitled to Rs. 20,175/as leave salary for the period. Certainly he was entitled to this leave salary as. compensation as had he not been injured in the accident, he would not have taken such leaves and could have used his leaves for some more useful purpose. In this reference, Sabal Singh Vs. Madhya Pradesh State Road Trans. Corpn. and Others, ; Yashpal Gaur Vs. Meena Suri and Others, , B. Anandhi Vs. R. Latha and Another, can be referred to if any reference to authorities is necessary.

Looking to the nature of injuries wherein the appellant had sustained multiple fractures and had undergone a very prolonged treatment, the appellant is entitled to get Rs. 10,000/- as compensation for mental and physical pain and suffering. He is entitled to get further Rs. 5,000/for special diet taken by him during the period of treatment and convalescence. He is entitled to get Rs. 3,000/- as cost of attendant and travelling expenses. Though the appellant had claimed that he could not get employment after his retirement as a result of sustaining injuries in the accident. In my considered opinion such a claim has not been proved yet even the Tribunal has held that the appellant had suffered permanent diminution in enjoyment of normal amenities of life and on that count: he is entitled to get a compensation of Rs. 20,000/-. Thus, the appellant is entitled, to total compensation of Rs. 73,175/- or in other words an enhancement of Rs. 49,175/- with interest @ 9% per annum since the date of claim to the date of payment besides the amount already awarded by the Tribunal below.

The appellant has drawn my attention to State of Punjab and Others Vs. Vidya Devi and Others, based on Shashendra Lahiri v. UNICEF 1988 ACJ 859; Ramjan @ Ramju v. M.P. State Road Transport Corporation (M.A. No. 583/2002) decided on 24.1.2003; Mohinder Bir Singh v. Shir Amal Pal 1997 (2) MPWN 138; Mool Chand Vs. S.S. Parihar and Others, with R.D. Hattangadi Vs. M/s. Pest Control (India) Pvt. Ltd. and Others, . Keeping all these in my mind, I am of the opinion that only this much of enhancement would be permissible under the law. This appeal is partly allowed. An enhancement of Rs. 49,175/- with interest @ 9% per annum since 15.1.1993 to the date of payment is hereby allowed.