HUKUM SINGH Vs. NARAYAN SINGH

JUDGEMENT

(1.) This appeal is directed by the claimant against the award dated 31.1.1997 passed by IV Addl. Motor Accidents Claims Tribunal, Dewas, in Claim Case No. 229 of 1993 whereby he was awarded compensation of Rs. 1,25,000 for the injuries sustained by him in the accident.

(2.) The case of the claimant was that on 25.5.1993, he was going to Dewas from his village Napakhedi on his cycle. When he reached near Bane Singh's field while going on kacha road (patri), respondent No. 1 came from behind driving passenger bus No. MP 13-0 2828 belonging to respondent No. 2 and insured with respondent No. 3 in a rash and negligent manner and dashed against him as a result of which he sustained injuries on his spinal cord, hip and other parts of the body. He was admitted in M.Y. Hospital, Indore and was discharged on 7.6.1993. He was employee in S. Kumar's Ltd. and was insured under Employees' State Insurance Act. He took treatment in insurance hospital. Due to injuries in spinal cord his lower part of the body became senseless. He suffered 100 per cent permanent disability. The claimant filed claim case seeking compensation of Rs. 18,48,210. The respondent Nos. 1 and 2 remained absent and were proceeded ex pane. Respondent No. 3 resisted the claim and averred, inter alia, that the accident occurred due to negligence of the claimant himself and pleaded that the respondent No. 1 had no driving licence. The Claims Tribunal on appreciation of evidence held that the accident occurred due to rash and negligent driving of the bus by the respondent No. 1 and awarded compensation of Rs. 1,25,000 and Rs. 2,700 for medical treatment. The claimant being aggrieved of the compensation amount, filed this appeal for enhancement.

(3.) The fact that the accident occurred due to rash and negligent driving of the bus has not been disputed before us. Now the question that arises for consideration is whether the amount of compensation awarded by the Tribunal deserves to be enhanced. The version of AW 1 Hukum Singh, AW 2 Hari Prasad and AW 4 is that on 25.5.1993 the offending bus dashed against the claimant as a result of which he sustained injuries on his back. His lower limbs have become senseless, he cannot walk, he has lost sensation of urine and stool. He cannot do his daily routine work without the help of someone. He deposed that firstly he was treated in M.Y. Hospital, Indore, and thereafter at Dewas by Dr. Kothari. Dr. R.D. Mundra, Assistant Surgeon, District Hospital, Dewas, examined the claimant on 25.5.1993 and found injuries on his body. The discharge card of M.Y. Hospital, Indore, Exh. P-36 and discharge certificate of E.S.I.S. General Hospital, Ujjain, Exh. P-37, support the version of the appellant. There was fracture of spinal cord at the level of L-2. Dr. Vikram Mehta, PW 3, examined the appellant and opined that the cord injury led to paraplegia with loss of sensation of defecation and micturition. He could not do his daily routine work himself. Dr. Mehta assessed his disability at 100 per cent vide his certificate, Exh. P-45. Under such circumstances, the learned Tribunal rightly held that the appellant suffered 100 per cent permanent working disability.