RAM RATAN DHRUV Vs. VINAY KUMAR SINGH

JUDGEMENT

(1.) THIS Misc. Appe al is directed against the award dated 7.10.1999, whereby an amount of Rs. 98,338/- has been awarded against the appellant-the owner of the offending motorcycle.

(2.) IN this appeal, it has not been disputed that the claimant/respondent No. 1 Vinay Kumar Singh met with an accident on 1.4.1998 at about 1.30 p.m., near Super Market Swimming Pool, Kirandul, by motorcycle No. MP 25-A/3611 driven by the owner/appellant Ram Ratan thereof. As a result of the said accident the claimant/respondent No. 1 suffered grievous injuries. Initially he was treated at Hospital at Kirandul, and was then shifted to Apollo Hospital, Hyderabad. He remained admitted as indoor patient at Apollo Hospital from 4.4.1998 to 23.4.1998. Even thereafter he had to go to Hyderabad for follow-up treatment.

(3.) LEARNED Counsel for the appellant/owner has submitted that the learned Tribunal has erred and has granted inflated claim of special damages. In the above context, it has been submitted that the taxi bills of Maruti Car marked as Ex. P/5 to Ex. P/7 relate to a period in which the claimant/respondent No. 1 remained admitted in the Apollo Hospital at Hyderabad. It has further been submitted that, similarly claim relating Jo liquid-diet charges in the shape of frootis and apple juice etc., is highly improbable and the bills Ex. P/8 to Ex. P/11 appear to be for highly inflated amount. It has, therefore, been prayed that the special damages as awarded deserves to be reduced.