DILIP RAMESHBHAI RATHWA Vs. MOHMANDYUSUF ISMAIL SURATI

JUDGEMENT

(1.) Present First Appeal under sec. 173 of the Motor Vehicles Act is directed against the decision delivered by the Motor Accident Claims Tribunal (Aux.), F.T.C. No. 6, at Vadodara in M.A.C.P. No. 1721 of 1997 dtd. 31/7/2008.

(2.) The case of the appellant - claimant is that on 14/7/1997, the appellant was travelling in a Cleaner in Truck bearing registration No. GTC 4691 and was proceeding from Chhotaudepur to Vadodara after loading bags of Dolamite powder. The appellant - claimant was sitting on the seat beside the Driver and the Driver of the truck was driving rashly and negligently with full speed. There was a tractor parked on the road near Bhadrali Village. At that time, one truck coming from opposite direction and the Driver of the truck i.e. GTC 4691 took a turn towards the left side but truck was in full speed and as such could not slow down. Hence, dashed with back portion of truck which was parked on the road side. On account of which the accident took place, in which the appellant got serious injuries on left leg and also received severe injuries on the other parts of the body. The appellant - claimant was required to be admitted in the S.S.G. Hospital at Vadodara, where he was treated and during the treatment, as per the medical advise, left leg below knee was required to be amputated. He took the treatment in S.S.G. Hospital from 14/4/1997 to 25/5/1997 as an indoor patient and during the said hospitalization, skin grafting was done twice. After discharge from the hospital, he took the treatment as outdoor patient for a further period of six months and then he was able to walk with the help of crunches. He suffered disability of his left lower limb to the extent of 70% and on account of this injury, he was not able to walk without artificial leg and he has to spend Rs.3,000.00 to 5,000/- in every three years to change the artificial leg.

(3.) It is the case of the applicant - claimant that at the time of accident, he was working as a Cleaner cum Labourer on the truck and was earning Rs.1,500.00 and he was getting daily allowance Rs.30.00 per day in addition. Thus, according to him, he was earning Rs.2,000.00 to 2,500/- per month. If he had not met with an accident, he would have earning Rs.3,000.00 per month and after getting driving licence, he would have earned 3,500/- per month. On account of these injuries, economic loss has been sustained by him and he has to undergo severe pain, shock and suffering. He had to spend Rs.15,000.00 for medicines, treatment, special diet, transportation, etc. Hence, the appellant - claimant had claimed compensation for all to the extent of Rs.7,00,000.00. The said claim petition came to be registered as M.A.C.P. No. 1721 of 1997.