JAI RAM VERMA Vs. HABIB AHMAD

JUDGEMENT

(1.) Jai Ram Verma as claimant filed an application under Section 166 of the Motor Vehicles Act, 1988 [hereinafter referred to as the "Act"] before the Motor Accidents Claims Tribunal/Addl. District & Sessions Judge, Court No.5, Barabanki [hereinafter referred to as the "Tribunal"] forming the subject matter of MAC No. 425 of 2005, putting forth a claim of Rs.19,34,468/- as compensation for the injuries sustained by him in a motor vehicle accident.

(2.) The facts essential to be exposited are that on 26.5.2004, at 9.30 am, Jai Ram Verma (claimant), aged about 34 years, was proceeding to attend his duties in Animal Husbandary Centre, Kursi, district Barabanki, where he was posted as Pasudhan Prasar Adhikari, on his Hero Honda Motorcycle No. UP 41-D/3958. He was slowly riding on the proper side. When he reached FCI Godown, Lucknow, Mahmoodabad Road, P.S. Kursi, bus driver of bus No. UP-32A-3720 came on the wrong side driving the bus rashly and negligently at a considerable high speed and dashed against the motor cycle of the claimant. Jai Ram Verma fell down from the motorcycle and sustained compound fracture in his right leg, which was later on amputated. He also sustained grievous injuries on his body. The claimant became fully handicapped. He was treated in Neera Nursing Home, Lucknow and subsequently, was admitted in District Hospital, Sadar, Barabanki. At the time of the accident, his wife and two minor sons were dependent upon him. A F.I.R. relating to case crime No. 114 of 2004, under Sections 270, 337, 338, 427 I.P.C. to the above accident was also registered at Police Station Kursi and a charge-sheet was also filed against the driver of the bus, namely, Dipak Kumar Yadav.

(3.) It was averred that he was earning a sum of Rs.7670/- per month at the time of accident. Computing the amount expended, pain and suffering, incapacity to have any future income and the deprivation of other amenities of life and future comforts, he claimed a sum of Rs.19,34,468.00 as compensation. However, the tribunal after taking into consideration the facts granted a sum of Rs.1,34,432.00 as compensation by Award dated 17.2.2007 and fastened the liability on the National Insurance Company. It is necessary to state here that the tribunal had awarded Rs.79,432.00 towards medical expenses, Rs.10,000/- towards miscellaneous expenses, Rs.20,000/- towards medical expenses in future, Rs.20,000 towards mental pain, suffering and physical handicap, and Rs.5000/- towards grievous injuries. The Tribunal also awarded interest at the rate of 6% per annum from the date of filing the claim petition till realisation.