Dharampal Mehran vs State of Haryana and Others

N.C. Jain, J.—This appeal has been filed by the claimant who was injured in an accident which took place on 2nd October, 1982 when he was travelling by Haryana Roadways Bus No. HRU 5925. The bus was coming from Delhi to Chandigarh. The accident took place at Samalkha with a truck. The claimant was taken to Samalkha Hospital, where his right hand had to be amputated. On being removed to Chandigaih, Sector 16 Hospital, the hand was further cut upto mid-forearm. It has come in the statement of Dr. Gurdarshan Singh PW-6 that the disability to the appellant is 50 to 60 per cent. Dr. Gurdarshan Singh further stated that the appellant could not perform his daily routine work. The finding of the Tribunal on point of negligence is based upon good evidence and no appeal having been filed by the Haryana Roadways, the same deserves to be affirmed.

The Tribunal has assessed the compensation payable to the appellant at Rs. 47,000/- only on the following counts:-

Treatment Rs. 5,000/- Transport Rs. 12,000/- Loss of limb, pain and agony. Rs. 30,000/-

Mr. Lalit Mohan Suri, Senior Advocate, learned counsel for the appellant has drawn pointed attention of this Court to various income tax returns filed by the appellant which pertain to earlier period than the date of accident i.e. from the year 1980- 81 to 1982-83. Vide Ex. A. 5, the Income tax of the appellant has been assessed by the Income Tax Officer at P.s. 14410/-. The appellant has brought on the record the certificate Ex. A-2 certifying that he completed the prescribed course of three years Diploma in Mechanical Engineering at Polytechnic Institute, Ambala passiag out the said Board examination in May 1969 in the First Division securing 1146 out of 1650. From the certificate it appears that the appellant had a brilliant career. He was running an industry at the time of accident. It cannot be denied that on account of the amputation of the right hand and on account of suffering serious disability to the extent of 50 to 60 per cent, his earning capacity has been considerably decreased. I am not impressed with the ultimate relief which has been granted by the Tribunal to the tune of Rs. 47,000/-

After hearing the learned counsel for the parties and after giving my thoughtful consideration to the entire matter, I am of the view that the appellant deserves to be granted a sum of Rs. 2 lacs on all counts i.e. on account of loss of enjoyment of life, pain and suffering, loss of earning capacity etc. In State of Haryana v. Ram Lal and Anr. 1989 A.C.J. 726 a Single Bench of this Court affirmed the award of the Tribunal granting a sum of Rs. 2 lacs in the case of amputation of right arm. The facts in the present case and in the case State of Haryana (supra) are somewhat similar.

For the reasons recorded above, the appeal is hereby allowed. The compensation is determined at Rs. 2 Lacs. The appellant will have also interest at the rate of 12% per annum from the date of application till realisation. He is also awarded the costs of the appeal which is quantified at Rs. 2200/-.