KERSASP ARDESHIR MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) KERSASP Ardeshir Mehta met with an accident at 4.15 p.m. on 26th April 1970 in front of Council Hall. The negligence on the part of the driver of the jeep which dashed against him was not in issue before the Motor Accidents Claims Tribunal and the only issue that was before the Tribunal was regarding damages. The Tribunal awarded him Rs. 2,100/- as general damages against which Mehta appeals and claims Rs. 15,000/- by way of damages, general and special in this appeal.

(2.) ONLY one witness was examined in this case, that is, the claimant himself and he told the Tribunal that he was earning Rs. 350/- per month and used to earn about Rs. 200/- by way of overtime.

(3.) I am afraid that it would not be a correct approach in the matter of assessment of damages. It is true that many a employer, as a welfare measure, do have provisions for grant of sick leave as well as reimbursement of medical expenses in their service contract but if Mehta has availed of this concession in this case he may be hard put it at a later date unfortunately he falls ill due to nutural causes and is bed-ridden. Most of the employers have an upper limit on the period of sick leave and medical expenses and hence exhaustion of this concession in the period arising out of the accident would put Mehta in an uneviable position of footing the bill should an occasion arise in the future.