STATE OF HARYANA Vs. K.L. PASRICHA

JUDGEMENT

(1.) THE legal points raised in this appeal and the cross objections being common i.e. whether the accident was caused due to any negligence on the part of the motor-cyclist and whether the quantum of compensation has been rightly worked out by the Tribunal, hence the appeal and cross objections are taken up together and disposed.

(2.) FACTS which are relevant for determining the above points are that the respondent Mr. Kishan Lal Pasricha was going on his motor-cycle on 21st April, 1977 at about 3.20 p.m. He was on his right of the road. He was going on Mall Road and was proceeding towards I.S.B.I. Hardly had he reached near the crossing of Mall Road-Bhambri Road and was about to cross the junction of Princess Road-Mall Road, when a bus belonging to the appellant bearing No. HYA-1630 driven by Shri Ram Chander in rash and negligent manner at a fast speed came and hit the motor-cycle of Mr. Pasricha. As a result of this accident Mr. K.L. Pasricha as well as pillion rider fell down. Mr. Pasricha on account of this impact received fracture of nose, fracture of right clavicle, fracture of both bones of the right leg at two places besides head injury and injuries on other part of his body. He was removed to Hindu Rao Hospital, where he remained indoor patient and thereafter got the treatment at General Hospital, Chandigarh. His injuries were declared as permanent disability. His leg was shortened by three to four inches. He suffered financial loss as well in the form of loss of salary, incentive, bonus, future benefits besides pain and suffering. He incurred heavy expenditure on medical treatment, conveyance and special diet. He thus claimed compensation of Rs. 20 lakhs. The Motor Accident Claims Tribunal (in short the Tribunal) vide impugned award dated 4th April, 1983 awarded compensation of Rs. 3,11,640/-.

(3.) AS against this, the respondent Mr. K.L. Pasricha has also filed cross objections listed as C.M. No. 3438/83. He has assailed the award on the ground that the general damages awarded are on the lower side. Because of the shortening of his leg and the multiple fractures suffered by him his agonies are ever lasting. The pain and sufferings have not come to an end. At the time of this accident he was 41 years old. Now he is 60 or 61 years old. His medical treatment is yet not over. Because of these injuries he has been rendered permanently disabled. He lost the chances of tours which as an officer of the Insurance Company he was entitled to do and earn additional income per month from these tours. The Tribunals also erred in not awarding interest from the date of petition till realisation. Secondly, while awarding the compensation the Tribunal ignored the fact that being disabled he has to hire conveyance for which extra expenditure are being incurred. Beside he has been deprived by the Tribunal amounts on account of the conveyance allowance, leave encashment, loss of increment, incentives, bonus and the touring facilities by which he could have earned lakhs of rupees. Because of his head injuries he suffered giddiness, missing heart beats, black outs and epilepsy. He denied there was any negligence on his part which contributed this accident. He was driving his motor cycle on his correct side. The bus not only hit his motor cycle but also killed the cyclist by going on the wrong side of the road which fact itself proves that the driver of the bus was driving it not only in rash and negligent manner but at a very high speed. The driver of the bus could not control the bus because of high speed and thus killed the cyclist. There was no negligence on his part.