ASHISH JIVRAJBHAI Vs. ASHWINBHAI HIMATLAL

JUDGEMENT

(1.) He must start this judgment with a frank confession. There are cases in which Judges often feel intensely even if they do not say so expressly that it is quite impossible to make adequate compensation in terms of money for the tragic consequences of the injury lasting for the life-time of the surviving victim of an accident for money cannot renew a physical frame that has been battered and shattered and alleviate the pain and suffering and restore the lost pleasure sad enjoyment of life. The feeling is bound to be all the more deep and earnest when the victim is a young boy the course of whose whole life is fundamentally affected as a result of the disabilities flowing from the accident. The Court must still assess the compensation however bearing in mind all the relevant circumstances of the case as they are known upto the time of the trial and as far as they can for the future be reasonably foreseen guided by the overall consideration that the injured person should be given a sum even if it appears to some minds to be daunting in its immensity which would ensure that he would not within reason want for anything that money could buy and would be able to live for the rest of his life in comfort and enjoyment comparable as nearly as possible with that which would have been his but for the accident

(2.) The appellant herein is a young boy aged about 12 now and aged about 7 at the time of the accident. The accident occurred at about 9 A. M. on 18/07/1975 The site of the accident was near the railway crossing at the Sardar Patel Colony Ahmedabad. The appellant who was at the material time studying in the third standard in the Sanskar School situate in the Sardar Patel Colony was proceeding towards the school and was walking on the correct side of the road just by the side of the foot-path. Motor Cycle No. G.J.F. 3537 owned by the second respondent and driven by the first respondent came from behind at an excessive speed and knocked down the appellant. The appellant became unconscious and started bleeding from the left ear. He was immediately removed to the Vadilal Sarabhai Hospital. The medical examination revealed an injury to the brain. While in the hospital he underwent two operations. The first operation was performed on the day of admission to relieve him of the difficulty of respiration. Another operation was performed on 23/07/1975 in connection with the brain injury. He was also examined by an Bye Surgeon as it was noticed that there was abscess formation in the right eye due to the brain injury which ultimately resulted in loss of vision. He remained as an indoor patient in the hospital upto 29/09/1975 that is to say for a period of about 2 months and 10 days. During the period of hospitalization he was unconscious for about 15 days and semi-conscious for about 20 days.

(3.) Two months after his discharge from the Vadilal Sarabhai Hospital the appellant was admitted as an indoor patient in the Nagri Eye Hospital on 2/12/1975 An operation for transplantation of cornea of the right-eye was performed but it was not successful. Though the whole eye was disorganized and there was complete loss of Vision the eye-ball could be maintained. He was discharged from the said hospital on 30/12/1975