PRAVEEN KUMAR Vs. JAVED

JUDGEMENT

(1.) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Indore in Claim Case No. 83 of 1999 dated 21.9.1999.

(2.) ACCIDENT took place on 8.6.1995 at about 1.45 (noon) at Palasia Square, Indore when mini bus bearing registration No. MP 04 -A 7827 hit the claimant, who was going on his scooter, from behind. The claimant, suffered injuries to pelvic bone and tibia -fibula fracture of right leg. Besides, his urethra was also fractured. Claimant was treated at Chotiram Hospital and Suyesh Hospital, Indore. It is stated that the treatment was serious and appellant was treated for a year by the doctors from time to time. One of the effects of the injuries was that he has been rendered impotent. His movements have been affected and life has become miserable and without pleasures. Allegation is that the accident was committed by respondent No. 2 rashly and negligently, otherwise it would not have taken place. This bus is owned by respondent No. 1 and insured with the New India Assurance Co. Ltd., Indore. Owner and driver did not appear to contest the case, therefore, the Tribunal proceeded exparte. Defence of New India Assurance Co. Ltd. is that claimant was himself responsible for the accident and the mini bus driver was not in possession of valid driving licence. The Claims Tribunal found that accident took place as alleged and it was a result of rash and negligent driving by driver of minibus resulting in serious injuries to the claimant. It also found that the bus was owned by respondent No. 1 with respondent No. 2 as its driver. Consequently, award of Rs. 1,50,000 has been passed to be paid jointly and severally by the owner and driver of the vehicle with ultimate liability of the insurance company with which it was insured. The claimant has serious grievance against this award, therefore, it has been challenged through this appeal.

(3.) AFTER having stated about the incident, state of injuries and treatment sought by the appellant from time to time, we advert to the question of compensation payable in this case. From the record it emerges that the appellant was employed part -time accountant with two firms of Indore; namely, M/s Vinodchand Jagannath (Rs. 3,300/Exh. P -12) and M/s Vimal Kumar Anil Kumar (Rs. 3,000/Exh. P -13). The claimant is an agriculturist also. He claims that out of agriculture he was earning Rs. 50,000 annually. He remained without work for 6 to 7 months and could not attend agriculture operations for a year. With this background, we propose to award compensation as follows: (1) Disability (100 per cent impotency and 22 per cent permanent disability) = Rs. 1,50,000(2) Pain and suffering = Rs. 50,000(3) Loss of income from service for 6 months and agriculture for one year = Rs. 50,000(4) Medical expenses (future treatment) = Rs. 50,000 - - - - - - - - - - - - - - - -Total Rs. 3,00,000 - - - - - - - - - - - - - - - - The claimant shall also be entitled to interest at the rate of nine per cent from the date of application till payment which may be made within two months. The amount, if any paid, be deducted from the amount awarded by this judgment. Costs on parties.