DELHI TRANSPORT CORPORATION Vs. ARUN SONDHI

JUDGEMENT

(1.) Delhi Transport Corporation (in short D.T.C.) has assailed the order of the Motor Accident Claim Tribunal (in short the Tribunal) on the ground that the compensation awarded is not only on the higher side but in fact based on no evidence.

(2.) In order to appreciate the challenge the brief facts of the case are that Arun Sondhi who was 21 years old was going on his motor cycle towards Irwin Hospital via Mathura Road on 4th March,1983 at about 7.20 p.m. Hardly had he reached near Purana Qila at 'T' Junction Mathura Road/Bhairon Road and took a turn towards Tilak Bridge, all of a sudden a DTC bus driven by respondent No.1 coming from Sunder Nagar side and going towards ITO, hit his motor cycle from behind. The bus which was being driven at fast speed in a rash and negligent manner made him cripple for the rest of his life. The impact of this accident was so forceful that the motor cycle alongwith the petitioner were thrown into the iron railing on the left side of the road. Motor cycle was reduced to a junk. It was over run and dragged underneath the body of the bus. Whereas Arun suffered serious and grevious multiple injuries on his body. Due to this accident six inches of his bone and flesh were cut and fell at the site of the accident. He was removed to L.N.J.P.N. Hospital where on examination it was found that he had compound fracture and crush injuries on both the legs and spine lumber region fractured. One rib broken and other had hair line crack. Deep wound at right ancle. Multiple injuries throughout the body, especially serious injuries on the spine. Paralysis below the hip region. He remained admitted in the hospital for about two weeks. Doctors and specialists tried to save his leg but finally they were forced to amputate left leg sixnches below knee in order to save his life. While in hospital he developed complications. His condition became serious and critical. Six inches steel rod had to be inserted in the narrow bone. He was removed to AIIMS on 27th March,1983 where he remained for one week and thereafter shifted to private ward. His one leg was amputated and other leg was paralysed with the result he became bed ridden and immobilised forever. He became totally dependent upon parents, brothers and became a cripple. His future became bleak. He lost job opportunities which he would have got but for this accident. It is under these circumstances that he filed a claim for compensation under the Motor Vehicle Act (hereinafter referred as the Act) claiming compensation to the tune of Rs.35.00 lacs under various heads namely on account of pain and suffering, medical treatment, loss of earning, amenities and enjoyment of life etc. The Motor Accident Claim Tribunal (hereinafter referred to as the Tribunal) after recording the evidence and going through the medical history of Arun awarded a sum of Rs.7,20,000.00 in his favour with intereat at the rate of 12% p.a. from the date of filing of petition till realisation.

(3.) The grievance of the appellant DTC is that the accident was not caused by the DTC bus. There had been material contradiction in the testimony of claimant's witnesses which have been ignored by the Tribunal. Mr.J.N.Aggarwal appearing for the DTC contended that in view of the mechanical report Ex.PW-5//A and PW-5/B coupled with the testimony of Sh.Karan Singh, PW-6 it is apparent that there was no fault of the bus driver. There was no damage caused to the bus which could be attributed to this accident. Moreover, S/Shri Tarif Ahmed and Bhupinder Singh alleged eye witnesses had not been produced. In the absence of these eye witnesses, it was difficult to presume that the accident was caused by the bus in question. On the contrary it had been established by the appellant that a truck coming at fast speed had in fact caused this accident. This fact has not been properly appreciated by the Tribunal. Moreover, no proof had been given for having spent the complete foreign exchage got issued from the R.B.I. for the treatment of Mr.Arun.