GENERAL MANAGER Vs. VAGHRI KARRAMSHIBHAI K

JUDGEMENT

(1.) These two appeals, preferred under Section 110D of the Motor Vehicles Act, 1939, arise from the judgment and award dated 11th April 1983 passed by the Motor Accident Claims Tribunal, Nadiad in Motor Accident Claims Petition No. 641 of 1980.

(2.) The appellant in First Appeal No. 217 of 1984 is the Gujarat State Road Transport Corporation [hereinafter referred to as Sthe Corporation ]. The owner of the offending vehicle Bus No. GTH 5303, the appellant in First Appeal No. 1724 of 1984 is the claimant.

(3.) On 19th May 1980 the appellant was travelling in the offending Bus No. GTH 5303 on Baroda to Khambhat route. At about 7.30 in the evening, the bus had head on collision with the oncoming tanker bearing Registration No. GTG 2792. On account of the said collision, the right side of the bus was torn apart injuring several passengers, the claimant being one of them. The claimant suffered fracture on the lower end of the right hand humerus and the upper end of the right hand radius. The claimant filed the above referred Claim Petition No. 641 of 1980 for compensation in the sum of Rs. 1 lakh. According to the claimant, he was a labourer earning Rs. 10 per day. On account of the fracture suffered by him, the Doctor had advised amputation of the right hand. The right hand had suffered deformation resulting into 25% permanent disability. The claimant supported his claim by Doctor's evidence. The Doctor opined that the claimant was treated as outdoor patient. The claimant had suffered 25% permanent partial disability. He also deposed that the deformity caused in the right hand of the claimant could be corrected by another surgery. This surgery would cost around Rs. 2000 and that after operation the disability would be reduced to 20%. Considering the outdoor treatment taken by the claimant, the 20% permanent partial disability, medical expenses incurred, the medical expenses estimated for the correction surgery, and the loss of actual income and future income, the learned Tribunal awarded compensation in the sum of Rs. 19,700.