STATE OF UTTAR PRADESH Vs. DAYALI MARDAN

JUDGEMENT

(1.) THIS is an appeal by the unsuccessful respondent No. 4 (State of Uttar Pradesh through Officer-in-charge of the case. Assistant General Manager, U. P. Government Roadways, Agra) against the award of Rs. 7,500/- (Rs. 7,000/- for general damages and Rs. 500/- for expenses of treatment) of the Claims Tribunal, Gwalior.

(2.) THE petitioner Dayali was working as a permanent employee of the folding department of J. C. Mills, Ltd. , Birlanagar, Gwalior, drawing pay of Rs. 150/- per month. He owned agricultural field near Moti Jhil on the Agra-Bombay Road. The respondent No. 1 Babulal was the driver of the bus No. U. P. A. 8105 belonging to the respondent No. 4. On the relevant date, 11-2-1967. at 4 p. m. , the petitioner Davali was going to his field on a cycle. The respondent No. 1 was driving the aforesaid bus from Gwalior towards Agra on the Agra-Bombay road which dashed against the petitioner. The petitioner remained in the J. A. Hospital as an indoor patient from 11-2-1967 to 16-3-1967. Dr. . S. S. Sharma (P. W. 6) examined the petitioner on 11-2-1967 and found as many as eighteen injuries on various parts of his body.

(3.) THE petitioner's case is this. He was going on a cycle on the left side of the road, 15 paces ahead of the bus. The respondent No. 1 was driving the bus rashly and negligently. He did not blow the horn. Because of the accident, he had become absolutely incapacitated and was unable to attend to his work and to earn his livelihood. The serious injuries sustained by him had resulted in permanent disablement. At the time of the accident, he was fourty-seven years of age and had good health and in the normal course, would have worked up to the age of fifty-eight, but he has been deprived of his earning capacity for next eleven years. He had to undergo mental loss and suffering. He, therefore, claimed Rs. 15,000/- (for being incapacitated to earn in future) and Rs. 500/- (for expenses of treatment) total Es. 15,500/- against the respondents.