RAJU Vs. J. M. RICHARD

JUDGEMENT

(1.) This is an appeal by special leave by an injured person impugning the judgment of the High Court in appeal against the award of compensation by the Motor Accidents Claims Tribunal (hereinafter referred to as "the Tribunal") under the provisions of the Motor Vehicles Act, 1988 .

(2.) The appellant is the original claimant before the Tribunal. While he was walking on the road at 4.00 p.m. on 12.07.1991, the jeep of the first respondent dashed against him. As a result of this accident, the appellant was injured and had to be hospitalised. The appellant remained as in-patient in the hospital for about 2 months after which he was discharged. The accident resulted in certain amount of deformity and restriction in the movement of the appellant's left leg which has been shortened by one-and-a-half inch. There was also restriction in the movement of left heel of the left foot, painful movement in the left hip and left knee coupled with development of arthritis and, as the evidence on record shows, there was 20% disability suffered by the appellant as a result of the accident.

(3.) The appellant moved the Tribunal at Bangalore and claimed a sum of Rs. 2,50,000.00 as compensation. The Tribunal came to a finding that there was an accident which resulted in the injury to the appellant and that the accident was due to the negligence of the first respondent's employee for which the first respondent was liable. The Tribunal computed the compensation admissible to the appellant under different heads and awarded a total amount of Rs. 33,000.00 under the following heads: 1. For pain and suffering Rs 20,000 2. For medical expenses and nourishment charges Rs 7000 3. For future operation and nourishment charges Rs 4000 4. Loss of income during the period of treatment Rs 600 5. For permanent disability Rs 1400 ? Total Rs 33,000