M.P. STATE ROAD TRANSPORT Vs. RAMSINGH

JUDGEMENT

(1.) THIS appeal under Section 110-D of the Motor Vehicles Act is directed against an award dated 8th August, 1978 made by the Claims Tribunal, Jabalpur.

(2.) THE facts briefly stated are that there was a collision on 19th March 1976 between two vehicles. One of them was MPW 4735, a bus belonging to the Madhya Pradesh State Road Transport Corporation. The other vehicle was truck No. MPJ 2187 owned by Kuldeep Singh and driven by Harchand Singh. The Corporation's bus was driven by Suresh Chourasia. Ramsingh the claimant was a passenger in the bus. He was keeping his right hand on the window. In the accident the right hand elbow got badly injured. There were three fractures. Ramsingh remained in hospital for nearly one and a half months. Ramsingh lodged the claim for recovery of compensation against the Corporation, the Corporation's driver, the owner of the truck, the driver of the truck and the Insurance Company with whom the truck was insured. By the award the Tribunal awarded Rs. 13,000/-as compensation against all of them holding their liability to be joint and several. The Corporation has filed this appeal for setting aside of the award and the claimant joined as respondent No. 1 has filed a cross-objection for enhancement of the amount of compensation.

(3.) AS regards the quantum of compensation, learned Counsel appearing for the claimant submitted before us that there was total disablement of the right hand. The important evidence on this point is of the doctor. According to the doctor's evidence (Dr. R.C. Rehlan, A.W. 6) it is not a case of total disablement. The claimant can fold his hand up to 90%. The claimant is Rajmistri by occupation. The injury is not such that he cannot carry on his occupation. In our opinion, the disablement is partial and consequent reduction of earning capacity we assess as 25%. The claimant was earning about Rs. 120/- per day at the time when the accident happened. His monthly earning came to Rs. 360/-. His earning capacity can be taken to be reduced by Rs. 90/- per month. The annual loss of earning thus works out to Rs. 1080/-. The claimant was 22 years of age. He would continue to work at least up to the age of 60. In such a situation, we must apply the multiplier of 20. Thus the compensation payable for the loss of earning capacity works out roughly to Rs. 20,000/-. In addition to this, the claimant is also entitled to general damages for pain and suffering. We assess these damages at Rs. 5000/-. The claimant was in hospital for one and a half months and must have certainly spent some amount as medical expenses. Although there is no direct proof but we estimate the expenses at Rs. 500/-. The claimant is thus entitled to get Rs. 25,500/- jointly and severally from the appellant and from respondents 2 to 5. The claim petition was filed on 9th September 1976. The claimant is also entitled to interest at the rate of 6% per annum from this date till payment.