VELLAYYA GOUNDER Vs. N RAMANATHAN

JUDGEMENT

(1.) This appeal by the owner is directed against the judgment and award, dated 18-12-1980, passed by the Motor Accidents Claims Tribunal, Bangalore City, in MVC 81/1980, on its file, awarding compensation of Rs. 51,318-58 ps. to the injured claimant.

(2.) It is the case of the claimant that he was working as a Casting Inspector in Veekay Malleables, on a monthly salary of Rs. 226 plus attendance bonus of Rs. 26. On 23-6-1979, at about 7 45 p.m. the claimant was going cycling on Bangalore Tumkur Road near Mangharam Biscuit Factory slowly and by the left side of the road in order to go to his factory. The lorry bearing No. TNE 3831 came from behind at a terrific speed and without sounding the horn and suddenly hit against his cycle. The claimant fell down injured and his left foot was crushed. His cycle was damaged. On these averments he claimed compensation of Rs. 1,70,000 from the respondents. Respondent-1 Vellaya Gounder is the owner and respondent 2 was the driver and respondent 3 is the Insurer of the vehicle. They denied their liability. The Tribunal appreciating the evidence on record held that the accident was the result of rash and negligent driving of the lorry in question and in that view awarded compensation as stated above. Aggrieved by the said judgment and award, the owner of the vehicle has instituted the present appeal before us on the ground that the compensation awarded is very much on the higher side.

(3.) The sole point, therefore, that arises for our consideration in this appeal is : Whether the compensation awarded by the Tribunal is just and proper ? The evidence on record shows that as a result of crush injury to the left leg of the injured, the leg was amputated below the knee and now he is left without his left leg and would suffer the same throughout his life and his chances of promotion are also gone. He has been HO doubt continued in employment on humanitarian grounds by the Company. It is on these averments that he claimed compensation. The Tribunal has awarded Rs. 48,000 towards general damages. The Tribunal has not given the details or split up of the damages. Since the claimant has lost his left leg and has to suffer throughout his life, we feel an award of Rs. 20,000 as compensation on that account would be ia keeping with the awards made in similar cases. The claimant has further deposed that he has lost chances of promotion. But he has not given details ; he has suffered no loss in the salary which he was drawing. Under this head, we deem it proper to award Rs. 10,000. Together, therefore, Instead of Rs. 48,000 we award Rs. 30,000 while confirming the special damages awarded by the Tribunal.