ISTARATH NAMA Vs. S A RABEEM

JUDGEMENT

(1.) This appeal raises the question of estimating the non-peeuniary damages for injury to the right leg of the appellant resulting in fracture of the shaft of the right femur, right upper thigh resulting in shortening of the right leg.

(2.) The accident in question occurred on 26-2-1981. The appellant is an agricultural labourer aged about 25 years and claimed to be earning about Rs, 300/- P.M. at the time of accident. The claim petition was filed on 12-8-81, claiming Rs. 45,000/-as general damages, Rs. 4,000/- as special damages and Rs. 1,000/- as medical expenses, in all, Rs. 50,000/-. The general damages included the claim for loss of earnings at Rs 300/- P.M. oa the basis that the appellant, who was aged 25 years, would live another 40 years. Unfortunately, no particular amount was claimed towards pain and suffering or loss of amenities. The trial took place in December, 1981 and the award was given by the tribunal on 24-2-1982, awarding Rs. 10.500/- (Rs. 9,000/- as general damages, Rs. 1,000/- as special damages and Rs- 500/- as medical expenses) as against the total claim for Rs. 50,000/-. The Tribunal referred to Tara Singh vs. Mangal Singh #1 wherein for a similar injury caused to an agriculturist, an award of Rs. 19,000/- was made assessing loss of earning capacity at 50% to a person who was aged 50 years There is no proper evidence of the details of the assessment. It is againsc this award for Rs. 10,500/- that the claimant has preferred this appeal valuing the appeal at Rs. 50,000/-.

(3.) In this appeal, it is contended by the appellant's counsel that the award of Rs. 10,500/- made by the lower tribunal is hopelessly low and that the pecuniary and non-pecuniary damages have not been properly or separately evaluated according to law. On the other hand, the learned counsel for the A P.S.R T.C., has contended that the award made by the tribunal is reasonable.