CHANDRASHEKHAR MADHUSUDAN Vs. SUBHAS SHANKER SHIRKE

JUDGEMENT

(1.) The appellant an unmarried youth aged about 20 met with an accident on 26/05/1978 at about 7-30 A.M. on a public road near Vakal Seva Kendra in the city of Baroda. At the material time the appellant was driving a scooter and he was knocked down by a motor tanker which came from behind and collided with the scooter. The motor tanker was owned by the first respondent and at the material time it was driven by the second respondent. The third respondent is the insurer of the vehicle. As a result of the accident the appellant sustained minor external injuries on the right eye nose and lower lip. The internal injuries which were major consisted of the fracture of the pubic bone and rupture of urethra. The appellant was taken to the S.S.G. Hospital Baroda at about 8-15 A.M. and he was admitted as an indoor patient. An operation was performed at about 5-30 P. M. on the same day for repairing the rupture of urethra. The appellant was discharged from the hospital on 6/07/1978 after a period of about six weeks as an indoor patient. The discharge from the hospital however did not terminate the petitioners pain and suffering nor did it relieve him of the need of medical treatment. We shall elaborate upon the post-hospitalization physical condition of the appellant and the persistent after-effects of the accident injury a little later. Suffice it to say for the present that the evidence establishes that one of the excretory functions of the appellant has been seriously impaired as a result of the accident and that he will have to learn to live with the impairment for the rest of his life.

(2.) The appellant instituted the claim petition out of which this appeal arises for compensation in the global amount of Rs. 50 0 The Tribunal awarded compensation in the sum of Rs. 16 300 under the following heads: <frm> Rs. 3 300 for actual economic loss. Rs. 1 0 for the cost of medical treatment. Rs. 2 0 for the cost of future medical treatment. Rs. 10 0 for pain shock and suffering and loss of amenities of life. ------------- Rs. 16 300 ------------- </frm>

(3.) The appellant feeling aggrieved by the award has instituted this appeal claiming additional compensation in the sum of Rs. 33 700 No cross-appeal or cross-objections have been filed. The sole question therefore which requires consideration is whether the appellant has been awarded just compensation.