PRAKASH BHATIA Vs. SUBHASH CHANDER SURI

JUDGEMENT

(1.) This appeal is directed against the judgment of the Motor Accident Claims Tribunal (MACT) (hereinafter referred to as the tribunal). The appellant was involved in an accident on 1st September, 1973 at about 6.00 p.m.. She filed a claim compensation before the MACT claiming a compensation of Rs. 75,000.00 on the following allegations.

(2.) That the appellant was occupying the pillion seat of a two wheeler scooter bearing No. UST 8315. It was being driven by Rakesh Singh. She was returning home and the scooter was coming from the side of the Bengali Market. When the scooter had practically crossed the crossing of Curzon Road and Hailey Road, Ashok Kumar, driving taxi bearing No. DLT 4731 at an excessive speed, unmindful of the traffic on the road and in violation of traffic rules knocked down the scooter. The taxi driver neither slowed down the speed nor applied brakes. The scooter was being driven carefully and without any negligence whatsoever. As a result of the impact, the appellant was thrown away on the road. The driver of the scooter fell down along with the scooter. With the direct impact of the bumper of the taxi with the leg of the appellant, the leg sustained compound fracture. The applicant was removed to the emergency ward of the Willington Hospital with injuries all over the body. Leg of the petitioner remained under plaster for practically 11 weeks. He was confined to bed and had to engage a maid servant to look after her and the house. She was forced to lie down motionless and was bedridden. Constant bed use gave rise to bed sores and great weakness. She developed headache which haunts her at regular intervals. She was a young woman of 49 years and was employed as a Lady Welfare Superintendent, Central Trunk Exchange, Kidwai Bhawan, New Delhi drawing salary of Rs. 600/- per month. She lost pecuniary expectation of her promotion apart from the untold pain and agony undergone by the applicant on account of the injuries she had suffered. According to the appellant, she suffered injuries i.e. Compound fracture of the leg, injuries on back, open wound injuries, severe sprain, body completely benumbed etc., extensive bruises all over the body especially arms and legs, developed permanent headache, sickness feeling, disfigurement, deformity and permanent disability. With these allegations she claimed a compensation of Rs. 75.000.00

(3.) The petition was comested on behalf of the respondents on the following issues: