GANESH KANOBA WAINGANKAR Vs. VITHAL GOURI GOURISH DOVALI

JUDGEMENT

(1.) This is a claimant's appeal from the judgment and order (Award) dated 27th September, 1991, delivered by Sri A.C. Patil, Motor Accident Claims Tribunal (District Judge, Uttara Kannada, Karwar) in M.V.C.No. a83 of 1988.

(2.) The Tribunal has awarded the compensation to the tune of Rs. 40,000/-. The claimant felt dis-satisfied and therefore has come up in appeal.

(3.) The facts of the case in brief are that the claimant has been the victim of the Motor, vehicle accident that did take place on 18-4-1988 at about 8 p.m. in Vakkaikeri, Binaga Karwar, while he was proceeding to his residence on a bicycle along with his father. According to the claimant's case when the claimant reached Vakkalkeri along the National High way No. 17, on the date and at the time mentioned above, a lorry bearing Registration No. MYE 5778, belonging to respondent No. 2 in the claim petition as well as respondent No. 2 in the memo of appeal, which was being driven by respondent No. 1 Vithal Gouri, who came from behind from Karwar side driving it rashly and negligently and dashed against the claimant and his bicycle. According to the claimant's case, both father and son that is the claimant and his father were knocked down on the left side of the road. They suffered bleeding from the nose, ear and mouth and had become unconscious. They were taken to the District Hospital Karwar and thereafter shifted to Government Medical College Hospital at Panaji in an ambulance belonging to Bilt factory, Binaga where petitioner's father died and petitioner was treated by Neuro Surgeon for head injuries for good long time. According to the claimant's case, the claimant could not fully recover and as a result of the head injury lost his capacity of hearing and his eyes were also damaged with the residue result of partial blindness. The claimant's case is that since the time of treatment, attenders have been attending him continuously and he is not in a position to move freely and his mental capacities also suffer depression i.e., it is not functioning normally. He has further alleged that he had been taken to Government Medical College Hospital Panaji atleast 6 times in a special car and that a sum of Rs. 35,000/- was spent for treatment of the claimant. Claimant further asserted that he had been registered as skilled contractor and was paying tax. The claimant has alleged that his bicycle was completely damaged and that he may require further treatment for a further period of 6 months from the date of petition. Both the eyes and the brain have been damaged to a lot. The claimant's case was that his legs were also injured. The claimant-appellant has made the claim in toto for the damages and compensation to the tune of Rs. 3,25,000/- under the head of General Damages as well as special damages, which have been indicated in the claim petition. The claimant has stated in the claim petition that his monthly income at the time of accident had been Rs. 4,000/ - per month and that he was an income tax payer. The claimant also stated in the claim petition that on account of the injuries on head and the physical disabilities of eyes and neck petitioner has not been able to do any work. He has stated that on account of loss of eyes or disability of his both eyes, the ears and the brain, his enjoyment and pleasure of life has been shortened.