Rakesh Kumar vs The State of Punjab and Others

Amarjeet Chaudhary, J.—Appellant Rakesh Kumar was travelling in bus No. PBN-7623 belonging to Punjab Roadways from Pathankot to Gurdaspur. The bus was being driven by respondent Tek Chand in a rash and negligent manner. When it reached in the area of Parma Nand, it dashed against the truck bearing registration No. PJE-3879 which came from the opposite side. As a result of impact, the appellant suffered multiple injuries.

The appellant further alleged that he remained admitted in Civil Hospital, Gurdaspur, from 6.5.1986 to 1.7.1986 as indoor patient and his two toes had to be amputated. As a consequence thereof, he suffered permanent disability. He was studying at ITI Gurdaspur for a diploma as Civil Draftsman. He also passed Matriculation Examination in first Division. He filed claim petition u/s 110-A of Motor Vehicle Act claiming an amount of Rs. 2,00,000/-.

The claim of the appellant was resisted by the respondents.

On the pleadings of parties, the learned Motor Accident Claims Tribunal, Gurdaspur framed two issues. The parties led their evidence on the said issues. After conclusion of evidence and hearing arguments, the learned Tribunal awarded a compensation of Rs. 16,750/- to the appellant against the respondents. It was also directed that the amount shall be paid alongwith costs and interest at the rate of 12% per annum from the date of claim petition i.e. 16.7.1986 till realization.

The appellant feeling dis-satisfied with the amount has preferred this FAO for the enhancement of the compensation.

The learned Tribunal had awarded Rs. 15,000/- for pain, agony and permanent physical disability. Rs. 1,000/- for medical expenses and Rs. 750/- for special diet. The appellant has challenged this part of the award on the ground that the compensation awarded is grossly inadequate and insufficient. The appellant has also claimed compensation for the loss of the future prospects.

The learned counsel appearing for the State has hotly contested the claim of the appellant. He has argued that there is no scope for enhancement of compensation.

The learned counsel appearing for the State has not assailed the findings of the learned Tribunal on issue No. 1. Therefore, I hold that the accident in question took place due to rash and negligent driving of respondent and the findings of learned Tribunal to this effect are affirmed.

Regarding quantum of compensation, the learned counsel for the appellant has prayed for enhancement of the amount as according to him the appellant suffered serious multiple injuries. The learned counsel appearing for the respondents has opposed this prayer.

Admittedly, Dr. Sharad P.W.4 who had medico-legally examined Rakesh Kumar appellant on 6.5.1986 at 5.30 P.M. had found eight injuries on his person. P.W.5 Dr. R.S. Panriu had operated upon the appellant on 10.5.1986 and did the amputation of big toe of right foot and also of second toe. He had also done skin grafting on 20.6.1986 after healing of the wound. According to him, the appellant had suffered permanent disability to the extent of 20% regarding his foot. It was not disputed before the learned Tribunal, as is evident from the impugned award, that the appellant remained admitted in the hospital for a period of about two months and his two toes had to be amputated due to the accident. It is also clear from the deposition of PW5 Dr. R.S. Pannu that the appellant had suffered 20% disability of his right loot.

Keeping in view the number and nature of injuries suffered by the appellant in the accident in question as also the fact that he had suffered 20%; disability of his right foot, I am of the considered view that the compensation awarded to him is grossly inadequate and the same deserves to be enhanced.

For the fore-going reasons, the appellant is held entitled to a compensation of Rs. 40,000/- in all on account of injuries, .medical expenses, special diet, pain and sufferings. He shall also be entitled to 12% interest from the date of claim petition. Out of the total amount of compensation of Rs. ,40,000/- now awarded in this appeal, Rs. 16,750/- already awarded are to be deducted. The award of the Motor Accidents Claims Tribunal is modified accordingly.

No order as to costs.

The F.A.O. stands disposed of accordingly.