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R S R T C versus PRAKASH CHAND & ORS

High Court of Rajasthan

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R S R T C v PRAKASH CHAND & ORS - SAC Case No. 180 of 2003 [2005] RD-RJ 1328 (11 August 2005)

D.B. CIVIL SPECIAL APPEAL NO. 180/2003.

RSRTC VS. PRAKASH CHAND & ORS.

DATE OF ORDER : 11.08.2005.

HON'BLE MR. RAJESH BALIA,J.

HON'BLE MR. R.S. CHAUHAN, J.

Mr. Sangeet Lodha for the appellant.

Mr. Mridul Jain for the respondents.

Heard learned counsel for the parties.

This appeal is directed against the judgment of the learned Single Judge dated 8th July, 03 enhancing the compensation for injuries suffered by the respondent in an accident, which has taken place on 5.7.1995 at Kota-

Malpura road.

As a result of the said accident, in which the injured was traveling in his Maruti car, he was hit by a bus of the Corporation. The respondent has claimed compensation of Rs.9,60,452/- for his injuries . In the application, the petitioner stated that as a result of the accident, he suffered the fracture of right femur, hip bone and patella. He further alleged that he also had fracture as a result of the said accident in his left side. According to him, socket of his left femur was totally destroyed. He further claimed compensation on account of medical expenses incurred by him for getting his bones re-set and also for other injuries. Apart from claiming compensation on account of reimbursement of medical expenses incurred by him, he claimed compensation on account of future expenditure that may be required on treatment and transportation and on account of expenditure for employment of attendant alleged to have been necessitated for assisting him in his business and for loss of property - the car which was damaged, on account of pain and suffering and the loss of future income on account of permanent disability.

The Motor Accidents Claim Tribunal finding that the accident was caused due to rash and negligent driving of the driver of the bus of Corporation, considering the material on record, awarded a sum of Rs.1,79,000/-.

The respondent -claimant filed an appeal before this Court being S.B. Civil Misc. Appeal

No. 531/1999 challenging the award on the ground that the amount of compensation is inadequate.

Considering the material on record, particularly keeping in view the statements of the complainant who was not subjected to cross-examination, the learned Single

Judge was of the opinion that the Tribunal was not justified in not awarding any amount on account of loss of future income in view of 25% permanent disability suffered by him, which is certified by Dr. Bharat J. Patel, after he has been under his treatment for consistent problems arising from the fractures suffered by the patient due to the said accident who had treated him for over a period of one year and also advised further surgery of the left side of the leg.

This certificate was issued on 31.7.96. From the material on record, it is also apparent that the claimant was under the treatment of the same doctor from very beginning i.e. 7.7.95 soon after the accident took place on 6.7.95. In this view, the petitioner claimant was entitled to enhancement of compensation.

The learned Single Judge without disturbing the amount of compensation, awarded for medical expenses on the basis of actual expenses incurred, increased the compensation on account of attendant's expenses, loss of property and pain and suffering and awarded an additional sum of Rs.2,04,000/- on account of permanent disability which had not been awarded by the Tribunal.

We may notice at this juncture that against the award of enhancement of compensation, the complainant has also preferred an appeal seeking further enhancement.

As per his claim, the said D. B. Civil Special Appeal

No.9/2004 was dismissed by this Court on 13.2.2004 by holding that no further ground for enhancement is made out.

While taking overall view of the matter and considering the injuries suffered by the claimant respondent and the permanent disability caused to him, the finding reached by learned Single Judge that it was a case of enhancement cannot be faulted with.

However, we are of the opinion that the enhancement made on account of loss of income during treatment and loss of property in Maruti Car are excessive and also that the amount of compensation determined for loss on account of permanent disability on the basis of loss of income appears excessive.

In the totality of the circumstances, without going into each and every item separately, we deem it just and proper that an amount of Rs.4,00,000/- (Four Lacs) would be just and fair compensation for the injuries suffered by the claimant. The judgment of the learned

Single Judge to the aforesaid extent is modified. Rest of directions are maintained.

The appeal is accordingly disposed of.

(R.S. CHAUHAN)J. (RAJESH BALIA)J.

Anil/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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