BHASKARBHAI KHANDUBHAI DESA Vs. REMANIAL NATHUBHAI PATEL

JUDGEMENT

(1.) X x x x x x x x

(2.) THE claimant -appellant is the injured person and the claim for compensation arose out of an accident which occurred on Oct. 10, 1974 at about 5 or 5 -30 P. M. on National Highway No. 8 near the spot where the road from village Chalthan meets the highway. The appellant, aged about 12 or 13 at the material time, was residing at village Kadodra with his maternal uncle. Village Chalthan is at a distance of about 3 furlongs from village Kadodra. There is a High School in village Chalthan and the appellant was studying in the said High School. On the day in question he was returning from the High School and going to his maternal uncle's house at village Kadodra. He was in the company of about 6 or 7 schoolmates. A truck bearing No. GTC 8706 owned by the first respondent and driven by the second respondent came from behind and knocked down the appellant. It appears that at the spot of the accident there was a mile -stone and that the appellant's legs were crushed between the vehicle and the mile -stone against which the truck ultimately dashed.

(3.) THE appellant filed the claim petition out of which this appeal arises on March 21, 1975. In the claim petition, the appellant claimed total compensation in the sum of Rs. 80,000/ -. The claim was broadly split up under two heads: first, an amount of Rupees 15,000/ - was claimed as special damages for expenses already incurred on medical treatment, diet and transportation charges, and, secondly, the balance amount of Rs. 65,000/ -was claimed as general damages for pain and suffering, loss of amenities and enjoyment of life, social discomfiture, loss of career and prospective earning capacity and costs of future nursing, etc.