NEW INDIA ASSURANCE CO LTD Vs. RAMSWAROOP KATARE

JUDGEMENT

(1.) THE insurer and the owner have joined in filing an appeal against an award made by the Motor Accidents Claims Tribunal.

(2.) A few relevant facts, not open to challenge at this stage and also not seriously challenged by the appellants, are that the injured claimant, respondent No. 1, was employed as a clerk in the Central Workshop of M. P. State Road Transport Corporation at Gwalior and was drawing a salary of Rs. 327. 22 in the month of June 1980. On 26. 6. 1980 at about 6. 45 p. m. he was riding pillion on a cycle ridden by Harimohan. At that time, a tempo driven by the respondent No. 2, owned by the appellant No. 2 and insured by the appellant No. 1 caused an accident resulting in the right leg of the respondent No. 1 being not only injured but also fractured. He was treated and plastered on the leg at J. A Hospital, Gwalior on 27. 6. 1980. Until 13. 7. 1980, he remained indoors. The plaster was removed on 27. 8. 1980 but the leg had to be replastered for a period of another three months. Thus, he remained indoors for a period of 17 days. For a period of about five months he could not follow his normal pursuits. He had to remain on leave from 27. 6. 1980 to 28. 2. 1981. The ultimate consequence of the accident has been that the right leg has been reduced by 3/4 inch; the working efficiency of the claimant has been reduced; and he develops pain at the site of the injury with every change in the weather.

(3.) THE Tribunal held that the claimant was entitled to an award of Rs. 33,968/- in all with interest at the rate of 9 per cent per annum from the date of the application till realisation. Costs were also allowed to the claimant with counsel's fee assessed at Rs. 2,000/ -. The break-up of the awarded amount has been Rs. 20,000/- by way of general damages including loss of future prospects, Rs. 10,000/-for mental pain and suffering; Rs. 2,968/- for loss of salary during the period of leave, Rs. 1,000/- on account of special diet and medicines during the period of treatment.