KANUBHAI GOKALBHAI BARIYA Vs. JAYDIPSINH GOPALSINH PAREKHIYA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant while travelling pillion in a bike met with an accident when a bus rammed into the bike, killing the driver of the bike and seriously injuring the appellant. The right leg of the appellant was amputated, below the knee and the right hand was also deformed from the injuries sustained. The appellant before the Tribunal sought a total compensation of Rs.35,00,000.00, asserting a salary of Rs.12,000.00 per month as a watchman, which employment he was not able to continue after the accident, due to the amputation.

(3.) The Tribunal found contributory negligence on the bike driver which was apportioned @ 20% while the bus driver was found to be more negligent @ 80%. The Tribunal found that the income of the injured as per the documents produced clearly indicated Rs.9,918.00 which was adopted for the purpose of deciding the loss of income which also was of a permanent nature due to the permanent physical disability suffered. The Tribunal relied on Raj Kumar v. Ajay Kumar,(2011) 1 SCC 343 to find 55% functional disability, for payment of Rs.50,000.00 and the income loss for 2 months was assessed at Rs.20,000.00. The medical bills coming to a total of Rs.5,17,850.00 was allowed with an additional amount of Rs.10,000.00 for special diet. The total compensation awarded by the Tribunal came to Rs.16,34,650.00 with interest @ 9% per annum. The Tribunal directed the insurer of the bike and bus to compensate the petitioner respectively in a ratio of 20:80.