ANILKUMAR BHARATBHAI PANCHAL Vs. VIKRAM B SITOLA

JUDGEMENT

(1.) THIS appeal has been filed by the original claimant seeking enhancement of compensation granted by the Motor Accident Claims Tribunal (Aux.), Mehsana by judgment and award dated 11.2.2005 in Motor Accident Claim Petition No. 110 of 2000.

(2.) THE appellant who was aged about 18 years on the date of accident had filed the above mentioned claim petition seeking compensation of Rs.7,00,000/ - from the opponents herein. On 13.12.1999, when the appellant was going on his bi -cycle near Gita Industries, Mehsana, one luxury bus owned by opponent No.1 and insured by opponent No.2 Insurance Company dashed against the appellant causing him serious injuries. The appellant was, therefore, taken for treatment at a general hospital in Visnagar from where he was transferred to the Civil Hospital at Ahmedabad for further treatment. He remained there as an indoor patient at the Civil Hospital, Ahmedabad from 13.12.1999 to 19.1.2000. The appellant had to undergo a major operation and his right leg below the knee joint had to be amputated. On account of this accident and resultant injuries, the appellant filed the above mentioned claim petition.

(3.) THE Tribunal had no hesitation to come to the conclusion that the bus driver was responsible in causing the accident. The Tribunal considering the evidence on record was of the opinion that the accident was caused on account of sole negligence of the driver of the luxury bus. While considering the question of quantum of compensation, the Tribunal took into account several aspects of the matter including the fact that the appellant had to remain as an indoor patient for 36 days in the Civil Hospital at Ahmedabad and that his right leg below the knee joint had to be amputated. The Tribunal also found that as per the medical evidence on record, the appellant had suffered disability to the extent of 60% of the lower limb. However, permanent total disability of the body as a whole was assessed at 30%. The Tribunal found that on the date of accident the appellant was working in Visnagar GIDC as a labourer. The Tribunal believed monthly income of the appellant to be Rs.1,500/ - and applying 30% loss in earning capacity, came to the conclusion that the appellant would suffer loss of earning capacity at the rate of Rs.450/ - per month i.e. Rs.5,400/ - per annum. Considering the age of the appellant, multiplier of 15 was applied. The Tribunal, therefore, found that the appellant should receive a sum of Rs.81,000/ - towards economic loss. The Tribunal granted a sum of Rs.20,000/ - for medical expenses, Rs.4,000/ - for attendant charges, Rs.5,000/ - for special diet and Rs.5,000/ - for transportation charges. The Tribunal also found that the appellant should receive appropriate compensation for pain, shock and suffering and loss of amenities of life. The Tribunal provided for compensation of Rs.25,000/ - for pain, shock and suffering. The Tribunal separately awarded a further sum of Rs.20,000/ - for loss of amenities of life. A sum of Rs.9,000/ - was awarded for actual loss of income.