RAMCHANDRA SINDJI CHAUHAN Vs. ARVINDKUMAR S MEHTA

JUDGEMENT

(1.) The present appeal arises out of the common judgment and award dated 22.01.1997 passed by the Motor Accident Claims Tribunal (Main), Surendranagar (the Tribunal) in M.A.C.P. Nos.340/93, 380/93 and allied matters. The present appeal relates to claimant of M.A.C.P. No.340/93, wherein the Tribunal has awarded Rs.14,92,684/- holding the present appellants and respondent No.2, the insurance company, jointly and severally liable, along with interest @ 12% from the date of the application till realization.

(2.) The facts arising out of the present appeal are that the claimant, a surgeon by profession, was owner of an ambassador car bearing Registration No. GAY-9044. The claimant had gone for pilgrimage to Shree Nathdwara and was returning back at about 1.00 a.m. on 06.12.1992. The claimant was driving his vehicle on Ahmedabad-Rajkot Highway and was proceeding towards Rajkot. It is the case of the claimant that he was accompanied by his friend-Shri Haribhai Khimjibhai Kothari, who was sitting on the front seat of the car along with the claimant, and wife of the claimant, Dr. Smitaben Arvindkumar Mehta, his son Niral Arvindkumar Mehta and wife of Shri Haribhai Kothari were sitting on the rear seat of the car. It is the case of the claimant that the truck owned by the present appellants bearing Registration No.GJ-15-T-1081 was coming towards Ahmedabad from Rajkot. It is particularly the case of the claimant that the driver of the truck, appellant No.1 herein, was driving the truck on the wrong side of the road in rash and negligent manner, with excessive speed and with full light. It is the case of the claimant that as soon as he saw the truck coming on the wrong side, he slowed down the speed of his vehicle and took it further extreme on the left of the road. It is the case of the claimant that because of the excessive speed and careless and negligent driving of the truck, appellant No.1 had lost control over the truck and dashed it with the motorcar of the claimant resulting into accident. It is the case of the claimant that all passengers travelling in the car received serious injuries and the car was heavily damaged due to the said accident. It is also the case of the claimant that front portion of his car smashed in such a manner that the radiator, battery, right head light, including A/c. machine of the car, etc., were completely damaged.

(3.) It is also the case of the claimant that because of the serious injuries received by him, he had to undergo excessive treatment at different hospitals and had also to undergo plastic surgery. It is also the case of the claimant that because of the injuries received in the said accident he, being a surgeon, has acquired partial incapacity, which prevents the claimant from performing major operations upon his patients and due to which the claimant has suffered loss of income and has acquired permanent disability to work with the same efficiency and zeal as a surgeon.