SHYAM SINGH Vs. JHANGRU PARSHAD

JUDGEMENT

(1.) This order will dispose of the appeal filed by the appellant for enhancement of compensation for the injuries received by him in a road accident caused by the rash and negligent driving of the truck bearing registration No.DLG 272 by respondent No.1 and owned by respondent No.2. The truck at the relevant time was insured with respondent No.3. A few facts relevant for deciding the appeal are :

(2.) On 4th September, 1987 at about 10.15 AM the appellant, who was a boy of 13 years of age at that time, was going on his cycle to the school. He was studying in Government School, Chhatarpur, Mehrauli, New Delhi. All of a sudden his cycle was hit by the offending truck from behind as a result of which he fell down on the road and grevious injuries were suffered by him all over the body. The accident, according to the appellant, was caused entirely due to the rash and negligent driving of the truck by its driver. As a result of the accident, the appellant sustained compound fracture in the right arm, fracture of his collar bone, grievous injuries in both his jaws and he also lost some of his teeth. The appellant allegedly remained under treatment for about six months and was allegedly disabled to the extent of 55% of the whole body. For the injuries sustained by the appellant in the said accident, he filed a petition claiming compensation from the respondents. It was alleged in the petition that because of the accident, the appellant suffered grevious injuries mentioned above and disability to the extent of 55% of the whole body. It was also stated that not only that he sustained physical injuries but his nervous system was also damaged to the extent that he had to be admitted in the mental diseases hospital, Shahdara for treatment. The appellant was stated to be under regular treatment for almost five years and had alleged to have spent more than Rs.20,000.00 on his treatment. Alleging that the appellant had been using his right hand for writing but because of accident the appellant lost his right hand and is now forced to write with his left hand which has become a permanent impediment in his normal life. It is submitted that the appellant has lost grip of his right hand and with his left hand he cannot write at that pace and he also cannot write properly. It is submitted that because of the accident and because of the breakdown of his nervous system, he could not continue his studies for two years and thus precious time of his life was lost. The appellant, therefore, claimed a sum of Rs.1,50,000.00 as compensation for the injuries suffered by him.

(3.) In the written statement, the respondents denied that the accident was caused due to the rash and negligent driving of the truck by its driver. After the pleadings were completed, the parties led evidence and after hearing the parties, the Tribunal vide the impugned award held that the accident was caused entirely due to the rash and negligent driving of the truck by its driver and the appellant having received injuries in the said accident, the respondents were liable to compensate the appellant. Since the truck was insured with the insurance company, the compensation was directed to be paid by the insurance company. On the quantum of compensation, the Tribunal held that no evidence had been produced to show the extent of disability suffered by the appellant and as he had suffered some injuries, a sum of Rs.15,000.00 was awarded towards pain, shock and sufferings and another sum of Rs.1,000.00 was awarded towards medicine, conveyance, etc. Thus a total compensation of Rs.16,000.00 was awarded in favour of the appellant. As already mentioned above, the appellant has filed this appeal for enhancement of compensation awarded by the Tribunal.