BABU MANSA Vs. AHMEDABAD MUNICIPAL CORPORATION

JUDGEMENT

(1.)

(2.) This is a case in which the claimant-appellant is the injured person and the claim for compensation arose out of an accident which occurred on December 6 1971 at about 6-30 or 6-45 A.M. on the Naroda Road in Ahmedabad. The appellant who was aged about 15 at the material time was proceeding along the Naroda Road in the company of his sister Lila aged about 8 years with three donkeys to collect sand from the river-bed at Bhadreshwar. At that time A. M. T. S. bus No. G. T. A 8495 driven by the third respondent approached from the opposite direction that is to say from the Sardarnagar side. The bus hit one of the donkeys which fell down and then it collided against the appellant who was thrown down on the road and received injuries. The donkey died on the spot while the appellant was removed for treatment to the Civil Hospital. The appellant was hospitalised for a period of about four months and the medical evidence discloses that the accident has resulted in shortening of his right leg by half centimeter as also in a limp in the right leg. The permanent partial disability is assessed at 20%.

(3.) The appellant thereupon instituted the claim application through his guardian before the Tribunal in which he claimed total compensation in the sum of Rs. 36 400 together with costs and interest. The claim was split up under various heads as follows: Rs. 1000/- Expenses incurred during the period of treatment Rs. 1000/- Future expenses for diet etc. Rs. 1000/- Pecuniary loss from the date of the accident till the date of the Claim Application. Rs. 5000/- Pain and suffering. Rs. 5000/- Loss of amenities and enjoyment of life Rs. 25000/- Future pecuniary loss. Rs. 400/- Loss of the donkey. Rs. 38,400 Though the amount claimed under various heads as aforesaid totalled up to Rs. 38 400 the appellant restricted his claim to Rs. 36 400