DATTATRAYA LAXMAN SHINDE Vs. NANA RAGHUNATH HIRE

JUDGEMENT

(1.) THE appellant, a young doctor who became a victim of paraplegia as a result of injuries sustained in a motor accident, has taken an exception to the judgment and award made by the learned Member of the Motor Accidents Claims Tribunal by which his claim for compensation has been partly allowed. The appellant met with an accident on 15.12.1993. He met with an accident when he was about 25 1/2 years old and by that time, he had acquired qualification of Bachelor of Ayurvedic Medicine (B.A.M.S.). As a result of fracture to 12th thoracic vertebra, he suffered from complete paraplegia both motor and sensory below thoracic 12 with complete bladder and bowel involvement. The compensation granted by the Tribunal is Rs.8,85,000 with interest at the rate of 12 per cent per annum against the claim of Rs.50,00,000 made by him in the claim petition.

(2.) THE accident occurred at 8.30 a.m. on 5.12.1993. At the time of accident, the appellant was proceeding towards Kolhapur by Bombay-Bangalore National Highway. It started raining and, therefore, the appellant halted his scooter on the left side of the road under a tree. At that time, a Bajaj Tempo Trax driven by respondent No. 1 and owned by the respondent No. 2 came from Kolhapur side. It suddenly came on its wrong side and dashed against the appellant when it was in a very high speed. That is how the appellant sustained serious injuries. The respondent No. 3 was the insurer of the said Tempo Trax at the time of accident. The Tribunal recorded a finding that the accident occurred only due to negligence on the part of the driver of the Tempo Trax. The Tribunal found that the appellant suffered 100 per cent loss of earning capacity and there was a disability of 100 per cent in respect of the lower half portion of his body. The Tribunal granted a sum of Rs.1,00,000 on account of pain and suffering and a sum of Rs.1,00,000 on account of loss of amenities of life. After recording a finding that the appellant can sit on a wheelchair, the Tribunal granted an amount of Rs.3,50,000 on account of loss of income. The Tribunal granted a sum of Rs.75,000 towards expenses on medical treatment, conveyance, transport, food and other necessities during the period of hospitalisation. The Tribunal granted a sum of Rs.50,000 towards acquiring a special chair, water bed, etc. The Tribunal granted a sum of Rs.1,00,000 on account of future treatment. The Tribunal granted a sum of Rs.4,00,000 by way of general compensation.

(3.) I have perused the pleadings, notes of evidence and documents on record. It is not necessary to deal with the aspect of negligence as none of the respondents has challenged the finding on that aspect. Therefore, the only issue which survives for consideration is regarding the quantum of compensation. As far as the nature of injuries is concerned, Dr. Joshi who was attached to Sancheti Hospital at Pune as an Orthopaedic Surgeon was examined by the appellant as a witness. From the year 1987, Dr. Joshi was attached to the said hospital as a resident doctor and from the year 1990, he started working in the same hospital as consultant. He has described the injuries sustained by appellant as under: