INDERJIT Vs. MEHAR SINGH

JUDGEMENT

(1.) This is an appeal from the order dt. 25.10.75 of Motor Accident Claims Tribunal, Delhi, whereby he had awarded to the appellant Rs. 23,885.00 as compensation to be recovered jointly and severally from the respondents together with costs of the petition as also future interest @ 6% per annum from date of award till the date of realisation of the awarded amount, in case the respondents failed to deposit the awarded amount within two months from the date of the award. The break up of the awarded amount is as follows :- (1) General damages Rs. 20,000.00 (2) on account of injuries sustained: Rs.711.10 P, (3) Transport Rs. 2,275.00, (4) Nourishment expenses : Rs, 900.00.

(2.) The accident involving the petitioner took place on 10.2.71 at about 9.15 A.M. on Ring Road near Raj Talkies when the petitioner was coming on a two Wheeler scooter from Sriniwas Puri and going towards his office in R.K. Puram and when he reached near Raj Talkies he was struck against by a speeding truck which came from behind and his left leg was badly crushed. He also sustained other injuries on his person. His left leg was amputated above the knee to save his life. He remained in the hospital up to 16.3.71 and during that period remained unconscious from 10.2.71 to 3.3.71. His age was 26 years and was employed as Assistant in the Intelligence Bureau, Ministry of Home Affairs, at Rs. 472.00. P.M. The marriage of the petitioner was scheduled to be held a week after the accident but the same was cancelled by his prospective in-laws on account of his having been rendered invalid on account of the amputation of his left leg. After the accident he felt rejected in society and that his life had become destitute. For these reasons the Tribunal relying upon Virendra Kumar vs. Gyani Ram 1975 A.C.J. 12, wherein the accident took place on 16.4.64 and the injured was a student and his left arm was amputated above the elbow and had remained in the hospital from 16.4.64 until Nov. 1964, and later in July 1965 suffered shock, bodily pain, had to discontinue studies and suffered a sun stroke followed by an attack of jaundice while recovering from the injury and there had been considerable diminution of his earning capacity besides loss of happiness and enjoyment of life, awarded general damages of Rs. 20,000.00. In that case the general damages awarded by the Tribunal of Rs. 7,000.00 were enhanced to Rs. 20,000.00 by Delhi High Court.

(3.) The learned counsel for the appellant assailed the quantum of general damages of Rs. 20,000.00 awarded by the Tribunal. The appellant had claimed a total sum of Rs. 2,50,000.00 by way of compensation before the Tribunal. The learned counsel for the appellant has contended that the amount of general damages awarded by the Tribunal was hardly adequate and in support of his contention has relied upon a number of authorities.