SUKH DEV SHARMA Vs. SHAMI KAPOOR & ORS

JUDGEMENT

(1.) By this appeal, the appellant has assailed award dated 15th December, 1988 on the ground that the compensation awarded to the appellant by the Motor Accident Claim Tribunal was inadequate.

(2.) The appellant had suffered injuries in an accident which took place on 3rd January, 1983 due to negligent driving of bus bearing No.DEP-3747 and bus bearing No.DHP-3833. At the time of accident, the appellant was working as Junior Engineer and his salary was Rs.998.95 per month. The injuries received by the appellant were proved by Dr. Ved Kumar Kharbanda who testified that the appellant suffered fracture of shaft femur bone and non-union of knees. The appellant was operated twice; once in Tirath Ram Hospital soon after the accident and thereafter in the year 1985 when K nail inserted at the time of first operation was removed. The appellant had claimed a compensation of Rs.5 lac on the ground that he had become disabled and could not do his normal work and lost chances of his promotion.

(3.) The learned Tribunal considered various claims made by the appellant and awarded Rs.10,000/- towards mental pain and agony to the appellant since the appellant had to remain admitted in hospital for about 20 days and had to undergo two operations. The appellant had placed on record medical bills of Rs.2,812/- from Tirath Ram Hospital. There was no proof of spending more amount although the appellant had claimed that he spent Rs.35,000/- on his treatment. The learned Tribunal found that in the claim petition filed after six months of the accident, the appellant had claimed that a sum of Rs.10,000/- was spent by the appellant on medicines and hospital charges. Although, the bills produced by the appellant were of Rs.2,812/-, the Tribunal granted Rs.10,000/- towards medical expenses inclusive of charges for second operation. The claimant had claimed a sum of Rs.10,000/- for special diet @ Rs.20/- per day. The Tribunal found that the appellant had joined duty after four months. He, therefore, remained absent from duty only for around 125 days. The Tribunal granted Rs.2,500/- for special diet @ Rs.20/- per day for the period the appellant remained on leave from the office.