OM PRAKASH Vs. AMITABH KHOSLA

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 41,316.30 awarded to the Appellant who suffered grievous injuries in an accident which took place on 09.02.1990 while the Appellant was riding on a two wheeler scooter No.DBZ 9422 and was hit by a Maruti car bearing No.DNB 4856 driven by the First Respondent. It is not in dispute that the offending Maruti car was insured with M/s. Oriental Insurance Co. Ltd., the Third Respondent. On facts, the Claims Tribunal found that the accident was caused on account of negligent and rash driving by the First Respondent. THEre is no challenge to the said finding by any of the Respondents. THE Claims Tribunal awarded the compensation of Rs. 41,316/- under various heads which can be extracted hereunder: S.No. Compensation under Awarded by the various heads Claims Tribunal Rs. 2116/-

(2.) THE principle governing grant of compensation in injury and death cases is to place the claimant in almost the same financial position as they were in before the accident. In Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi & Ors., 1979 (4) SCC 365, the Supreme Court observed that the determination of compensation must be liberal, not niggardly since the law values life and limb in a free country in generous scales.

(3.) THE learned counsel for the Appellant has taken me through the Trial Court record and has also placed on record a typed copy of the amount spent on the treatment on referring to various pages in the Trial Court record it can be seen that the Appellant spent a sum of Rs. 16,508/- towards the treatment. It is noteworthy that the bill paid to the Ganga Ram Hospital at page 113 of the Trial Court was for Rs. 7,251/- and the charges for the MRI at page 217 of the Trial Court record was Rs. 4,000/-. It is urged by the learned counsel for the Appellant that many more such bills could not be preserved. In the circumstances of the case, the Appellant is entitled to a compensation of Rs. 20,000/- enhanced from Rs. 2,116/- for his hospitalization, purchase of medicines and for various tests undertaken by him in Ganga Ram Hospital and elsewhere.