RATTAN SINGH Vs. MIR SINGH

JUDGEMENT

(1.) ON 12th August, 1980, this appellant met with an accident. He was going on bicycle from Kirti Nagar to Moti Nagar. He was hit by a DTC bus which was being driven rashly and negligently by Mir Singh, Driver who came on the wrong side of his road and struck the front portion of appellant's cycle thereby causing grievous injuries to him. His left foot and lower portion of left leg upto 14" were completely crushed. His leg had to be amputated. His disability became permanent. He became crippled. It was due to this accident caused by respondent which made him almost crippled that he filed a claim petition under Motor Vehicle Act (in short the Act) claiming compensation to the tune of Rs. 9 lakhs. The Motor Accident Claims Tribunal (in short the Tribunal) by the impugned award awarded a sum of Rs. 84,240/- to him as pecuniary and non-pecuniary losses suffered by him.

(2.) APPELLANT has felt aggrieved with the award because the Tribunal according to him granted less compensation for his pain and agony and suffering as well as for loss of amenities of life and permanent disability. The fact that he has to have artificial limbs after every alternative year has been completely ignored by the Tribunal and his future prospects having become bleak ignored. His earning has been adversely affected.

(3.) MR . D.R. Mahajan appearing for the appellant contended that the Tribunal did not take into consideration the future prospects of the appellant which have been completely marred by this accident as it has rendered him crippled. He cannot increase his business because of this permanent disability. Future prospects of enlarging his business have been deprived because of the disability caused by this accident. The award on account of loss of amenities of life and on account of permanent disability appears to be on the lower side. Moreover, his plain, agony and suffering are of permanent nature. His body loss and injuries, according Mr. Mahajan, are to be considered as if he has been killed. He has to get his artificial limbs replaced after every two years. For that he required money. The price of artificial limb as of today is Rs. 1,500/-. Prices are going up after every year. This aspect has been completely ignored by the Tribunal while awarding a sum of Rs. 15,000/- for the loss and suffering.