JAGDISH KUMAR SHARMA Vs. D T C

JUDGEMENT

(1.) This appeal is directed against the awardmade by the Accident Claims Tribunal dated 29th August, 1979 by whichthe appellant was allowed compensation to the tune of Rs. 20,000.00. Theappellant was involved in an accident and suffered injuries. He filed a petition u/Sec. 110-A of the Motor Vehicle Act claiming compensation to thetune of Rs. 65.000.00. The facts as disclosed in the petition are that on 1 9/09/1968 at about 9.30 p.m. he was going in a three-wheeler scooterNo. DLR 6238 which was being driven by the respondent Brij Lal. Whenthree-wbeeler scooter reached in the midst of the crossing at ChhataRailway Bridge from Red Fort towards Kashmere Gate main road, aDTC bus No. DLP 334 driven by Chander Bhan, respondent, which wascoming from railway station side and was going towards Jamuna Bridge,dashed in just in the midst of the crossing and caused the accident therebyseriously injuring the appellant. He was immediately taken in a taxi toIrwin hospital and was admitted in the emergency ward. He was treatedby the various doctors under the charge of Dr. Mrs. Sita Gupta of theOrthopaedic Deptt. of the hospital. He remained in the emergency ward forabout four days and after having been X-rayed operated upon. Havingconsciousness, he was removed to the Orthopedic ward and he wasdischarged from the hospital on 29/09/1968. He was confinedto bed and was not in a position to move. It is further alleged that thepetitioner after graduation passed Stenographer Examination fromUPSC. The accident had shaken up the whole bodily structure of thepetitioner and reduced his life expectancy besides causing mental shockand agony. He had to undergo operations many a times. The petitionerwanted to pursue further competitive examination but because of the accident all hopes had been dashed.

(2.) The petition was contested on behalf of the respondents. Thefollowing issues are framed :

(3.) Issues. Nos 1,2 and 4 were decided in favour of the appellant,so as the amount of compensation is concerned he was awarded a sum ofRs. 20.000.00i.e. Rs. 13.000.00 by way of special damages and Rs.7,000.00general damages. The petitioner being dis-satisfled with the amount ofcompensation awarded by the Tribunal has approached this Court by wayof this appeal.