AZAD Vs. BARUN BRAHAMACHARI

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 3,86,555.90 has been awarded to the appellant. THE appellant seeks enhancement of the award amount.

(2.) ON 23.7.2005 at about 9 a.m., the appellant was on duty on bus No. DL 1P-A 6417 as a helper. When the said bus reached Shalimar Bagh, a noise was noticed from the chamber of the engine. The driver stopped the bus and asked the appellant to check the sound whereupon the appellant went under the engine chamber. However, in the meantime, the driver started the bus without waiting for the appellant to come out. As a result, the rear wheel of the bus ran over the right leg of the appellant. The appellant suffered multiple fractures on right leg and severe urethral injuries.

(3.) THE appellant examined seven witnesses to prove his case before the Claims Tribunal. THE appellant himself appeared in the witness-box as PW 1 and deposed that on 23.7.2005 at about 9 a.m., bus bearing No. DL IP-A 6417 developed a noise. THE driver stopped the bus and asked the appellant to go under the bus to check the fault whereupon the appellant went below the bus. In the meantime, the driver moved the bus crushing the appellant's right leg resulting in multiple fractures in the right leg and serious urethral injuries. Appellant was initially taken to the house of the owner of the vehicle (respondent No. 2) from where he was taken to Hindu Rao Hospital where he underwent plaster. Respondent No. 2 got the appellant forcibly discharged without the consent of the doctors but his condition being critical, he was again taken back to Hindu Rao Hospital where he remained admitted from 24.7.2005 to 8.8.2005 and a number of operations were carried out and a steel rod was inserted in the right leg of the appellant. Appellant was again admitted from 4.10.2005 to 22.10.2005 and from 22.2.2006 to 25.2.2006 in Hindu Rao Hospital. THE discharge slips of Hindu Rao Hospital are Exh. PW1/1 to Exh. PW1/3. THE appellant also took treatment from All India Institute of Medical Sciences where he was advised to undergo a surgery but due to financial problems, the appellant could not get the surgery done and he returned back to his native village where he used to visit the hospital at Gori Ganj for periodic check-up. THE appellant also took treatment at Dr. Ram Manohar Lohia Hospital where he was admitted from 16.10.2006 to 23.10.2006 and also underwent a surgery. After discharge from hospital, the appellant used to visit the hospital twice a week. At the time of leading the evidence before the Tribunal, appellant had visited the hospital about 70 or 80 times and for each visit, he had to spend Rs. 200 on auto- rickshaw. THE appellant's urinal pipe had ruptured and, therefore, a urine pipe and bag was attached to his body which was changed every fifteen days. THE appellant was working as a helper on the offending bus at the time of the accident and claims to be earning Rs. 6,000. THE appellant lost his job due to the accident and was not able to do any work due to permanent disability. THE appellant proved the medical record including the discharge slip of Hindu Rao Hospital as Exh. PW1/1 to Exh. PW1/ 11; medical record of All India Institute of Medical Sciences as Exh. PW1/12 to Exh. PW1/21; Health Centre at Gori Ganj as Exh. PW1/22 to Exh. PW1/23; and Dr. Ram Manohar Lohia Hospital as Exh. PW1/24 to Exh. PW1/39. THE bills towards the purchase of medicines were proved as Exh. PW1/40 to Exh. PW1/102. THE expenditure towards travel was proved as Exh. PW1/103 to Exh. PW1/115.