Dharam Singh vs Sewari Ram and Others

S.S. Sodhi, J.—The claim in appeal is for enhanced compensation. The claimant Dharam Singh, a driver employed with the Haryana Roadways, was injured when his bus HRC 4411 met with an accident with the truck HRC 7880 coming from the opposite direction. This happened on November 12, 1979, on the Bhiwani-Rohtak road.

It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 10,000/- was awarded as compensation to Dharam Singh for the injuries suffered by him in this accident.

Both bones of the left leg of Dharam Singh were fractured in the accident. According to P.W. 5 Dr. S.K. Moda of the Medical College Hospital, Rohtak, Dharam Singh was admitted in the hospital on November 12, 1979, and was discharged on November 14, 1979. His leg was put under plaster which is usually applied for a period of 4-6 weeks. The doctor deposed that as a result of this injury, Dharam Singh now had a shortening of his leg by 1", which had resulted in a parmanent partial disability to the extent of about 15 per cent.

The claimant P.W. 1 Dharam Singh, on his part, deposed that the plaster on his leg was removed after 5-6 months and he was not able to rejoin duty till April 14, 1980, and during this period he had exhausted all his leave, i.e., leave on full pay, half pay and even without pay. He also deposed to the shortening of his leg and to the disability which he has now been left with on that account. Particular mention was made here of his inability to discharge heavy duties as a consequence of which he was no-longer deputed on long distance routes. Besides this, he also deposed to the expenses incurred by him on his treatment and purchase of medicines.

The main and important head for compensation payable to the claimant is that of general damages comprising therein compensation for pain and suffering that he had to undergo on account of the injury sustained, the permanent disability that he is now left with and loss of enjoyment of life on account thereof. There can obviously be no precise measure for computing the loss under these heads. Past precedents of awards for similar injuries provide the best guide. In the recent case F.A.O. 260 of 1982 (Sital Singh v. Chhaju Singh and Ors.) decided on November 28, 1985, the injury suffered by the claimant was somewhat similar. There, it was a fracture of the right leg with a shortening thereof by half an inch and limitation in the movement of the lower knee-joint by 20 degree flexion. The compensation awarded as general damages was Rs. 35,000/-. The point to note, however, is that in Sital Singh''s case (supra), the claimant had to undergo more than one operation as his fracture had not united and his leg remained under plaster for a considerably longer period than in the present case. This aspect has thus to be borne in mind while assessing the quantum of general damages in the present case. Taking an overall view of the circumstances of the claimant in the context of the injury suffered by him and the expenses which must have been incurred by him in his treatment and special diet and other miscellaneous expenses, the total compensation payable to him deserves to be assessed at Rs. 30,000/-.

The compensation payable to the claimant is accordingly hereby enhanced to Rs. 30,000/-, which he shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of payment of the amount awarded. The respondents shall be jointly and severally liable for the compensation awarded.

This appeal is accordingly hereby accepted with costs. Counsel''s fee Rs. 500/-.