SHAIKH Vs. JOSEPH FRANCO

JUDGEMENT

(1.) APPELLANT met with an accident on 31st December 1982 at about 5.30 p.m. while he was driving his rickshaw from Ribandar to Panaji. He instituted a claim petition claiming a large amount of Rs. 1,75,000/- as compensation with a story that he became the victim of the accident as result of pickup bearing No. GDS 1573, driven by the first respondent and owned by the second respondent, dashing against his rickshaw. It was averred in the petition that the pickup was trying to overtake another vehicle which was going ahead of him and that is how the collision took place. As a result of the accident he suffered a fracture of the right femur bone and contused lacerated wounds over the left thigh and leg. He also claimed damages in respect of the rickshaw bearing No. GDT 4589 of which he was the driver and which was owned by his father.

(2.) THE claim was contested by the driver, owner of the pickup as also the insurer. The Tribunal clearly rendered a finding that the first respondent driver, who was on the relevant day driving the pickup, was negligent and that way the Tribunal held that the respondents were liable to pay damages for the rash and negligent act. The Tribunal awarded in all a sum of Rs. 10,500/- by way of compensation which is inclusive of both special as well as general damages.

(3.) THIS Award is attacked in the present appeal by the appellant on the ground that the compensation awarded is unreasonably low and not commensurate with the facts and evidence on record that the appellant was immobilized for a period of 8 months and that he may further require surgical intervention for removal of the nail inserted when an operation had to be performed on him soon after the accident.