MAHENDER SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) THE Appellant Mahender Singh (now deceased) through LRs having died on 10.06.2005 during the pendency of the Appeal, seeks enhancement of compensation for having suffered injuries in an accident, which took place on 02.10.1994. THE Tribunal awarded a sum of Rs. 2,000/- towards medical expenses, Rs. 5,000/- towards special diet and conveyance and Rs. 3,000/- towards loss of salary apart from Rs. 15,000/- as general damages making the overall compensation of Rs. 25,000/-.

(2.) SINCE, the Appellant has died during pendency of the Appeal, in view of Section 308 of the Indian Succession Act his legal representatives would be entitled to only pecuniary damages. No appeal is preferred by the Respondent Haryana Roadways and thus I am not to go into the question of negligence.

(3.) THE Tribunal accepted the Appellant's salary to be Rs. 1,000/- per month. In the absence of any evidence, the Tribunal declined to believe that apart from the salary he had the income of Rs. 2,000/- or Rs. 3,000/- per month. THE Appellant's testimony that he could not attend his work remained unchallenged. He is, therefore, required to be compensated for loss of salary for one year. THE Appellant suffered fracture of shaft femur right leg resulting into the disability of more than 40%. Amount of Rs. 2,000/- awarded by the Tribunal for such an injury was very meagre. In the facts & circumstances, the amount of loss of income is enhanced from Rs. 3,000/- to Rs. 12,000/-, the amount for medical treatment is enhanced from Rs. 2,000/- to Rs. 5,000/-. THE amount towards special diet and conveyance is enhanced from Rs. 5,000/- to Rs. 8,000/-.