JYOTI GUPTA Vs. ASHOK KUMAR

JUDGEMENT

(1.) The appeal is against the judgment of the Motor Accident Claims Tribunal dated 29.7.1992 awarding a sum of Rs. 33,161.00 as compensation to the appellant. The facts culminating in the filing of the appeal are as follows. The appellant was unfortunately involved in an accident on 6.8.1983 when she was waiting at the Lajpat Nagar Ring Road Bus Stop. The driver of the Bus DHP-2552 took the bus on the reverse and without noticing and without any horn and without noticing whether anybody is standing on the rear side of the vehicle and without any signal the driver in a negligent manner came on the reverse side. The rear wheel hit the appellant and the left portion of her body was crushed and the result was the spinal cord was seriously effected and the lower portion from the hip became com pletely immobilised. The doctor who examined her had said that disability was per manent and it was 70%. The appellant filed the claim petition claiming a sum of P-s. 5 lakhs with interest at 18% per annum from the date of the petitioner which was on 30.9.1983. The respondent D.T.C. denied the averments in the petition and denied the liability to pay compensation and disputed the quantum claimed by the appellant. In support of her claim, the appellant examined P.W. 1 Mr. R.K. Gupta, who is working with Vivekanand Mahila College to show that the appellant was receiving a salary of Rs. 2,573.00 in August 1983. P.W. 2 was Ms. Ranjani Sharma who was standing along with the appellant in the Bus Stand Lajpat Nagar, P.W. 3 is, Ms. Alka Bhatia who is teaching the Children of the appellant since October 1983 and who was charging Rs. 300.00 per month therefor, P.W. 4 is Smt. Kusum who was working as maid servantget ting Rs. 300.00 per month. P.W. 5 is Dr. S.P. Mandal who had spoken to the nature of injuries and the disability. P.W. 6 is Mr. Phool Chand who had been summoned to bring the Casualty Register of the AIIMS. P.W. 7 is Mr. R.R. Batra who was working as Record Clerk in Safdarjang Hospital. P.W. 8 is Mr. Pritam Singh, S.I. who registered the FIR, P.W. 9 is the appellant Mrs. Jyoti Gupta. The driver of the bus was examined as R.W. 1 and the conductor of the bus was examined as R.W. 2. The certifi cate given by P.W. 5 to show the state of health of the appellant is marked as Ex. P.W. 5/1 which was issued on 20.2.1984. The same records -as under :-

(2.) The appellant had claimed compensation of Rs. 5 lakhs towards mental agony, pain and suffering, disability sustained consequences arising out of the disability, shor tening of life, expenses incurred on medicine, treatment, hospitalisation, nursing, con veyance, special diet, loss of leave, and loss of earning capacity. In 1983 the appellant was 33 years old.

(3.) The Tribunal framed the following issues for consideration :- 1. Whether the petitioner sustained injuries due to rash and negligent driv ing of bus no. DHP-2552 by Respondent No. 1 ? 2. To what amount of compensation is the petitioner entitled and from whom ? 3. Relief.