ARIF @ ARIFULLAH KHAN Vs. SHAIKH IQBAL

JUDGEMENT

(1.) THE appellant Arif alias Arifullah Khan, son of Niyamatullah Khan, a young boy aged about 26 years, was travelling as a Conductor in a Truck bearing No. MHG- 7999 on 24-11-1980. The truck was being driven by respondent No. 1 Shaikh Iqbal during the course of his employment with the respondent No. 2 Sardar Baldev Singh Bhatia. It was insured with the respondent No. 3. The truck was driven in high speed, in rash and negligent manner by the respondent No. 1 Shaikh Iqbal as a result of which he lost control over the vehicle while negotiating a turn. The truck swerved to its right side, climbed a small hillock and turned turtle on its left side. The left door of the truck flung open in the process and the appellant fell down with the entire body of the truck on him. He was removed in a seriously injured condition to Mayo Hospital, Nagpur where his left leg had to be amputated above the knee. The Driver, respondent No. 1, was prosecuted in Criminal Case No. 23 of 1981 under Sections 279, 338 and 337 of the Indian Penal Code and was convicted and sentenced on admission of his guilt by a judgment (Exhibit 43).

(2.) THE appellant preferred a claim for compensation of Rs. 78,000/-in Claim Petition No. 18 of 1981. The claim was contested by respondents No. 2 and 3. However, the only evidence adduced in the case was that of the testimony of the appellant, the victim and the eye-witness to the accident. The learned Tribunal found that the accident was caused due to rash and negligent driving on the part of respondent No. 1 and granted compensation of Rs. 15,000/- by way of general damages denying the remaining claim including that of Rs. 6,000/- by way of special damages on account of medical and other expenses.

(3.) THE only question involved in this appeal is about just compensation to which the appellant is entitled. In view of the fact that his left leg was completely amputated on 3-12-1980 in Mayo Hospital, Nagpur following the motor-vehicle accident which took place on 24-11-1980.