GORDHANLAL Vs. RANCHHODPRASAD

JUDGEMENT

(1.) THIS is an appeal filed by the claimant -injured against the award dated 30.4.1982 made by Second Additional Motor Accidents Claims Tribunal, Indore, in Claim Case No. 58 of 1978, whereby the learned Tribunal has awarded a total compensation of Rs. 14,093.51 with interest at the rate of 6 per cent per annum from the date of claim petition, i.e., 21.3.1978, till realisation, in respect of injuries sustained by the claimant in the motor accident, which took place on 22.9.1977.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows: On 22.9.1977 at about 4.15 p.m. while the appellant -claimant was going on his motor cycle bearing registration No. MPM 5056 over the railway bridge at Indore towards Regal crossing, the offending car bearing registration No. MP 0565 belonging to respondent No. 1 and driven by Ramlal, respondent No. 2, dashed against the said motor cycle, as a result of which the appellant -claimant sustained grievous injuries including a compound fracture of tibia and fibula bones of his right leg. The claimant -injured was treated in the M.Y. Hospital, Indore, for 15 days and thereafter he received treatment in Indore Hospital for 12 days and after that the treatment was continued in Union Hospital belonging to Dr. Varma and the claimant had to undergo operation twice and ultimately the claimant acquired a permanent disability to the extent of 30 per cent.

(3.) THE learned counsel for the appellant -claimant has submitted that the learned Tribunal has unreasonably refused to allow the special damages on the item of treatment beyond the date of filing of the petition although the claimant was required to incur expenses on medicines during the pendency of the petition, in proof of which documentary proof has been placed on record. It has been submitted against the claimant that the claimant had claimed Rs. 4,000/ - in the claim petition as expenses incurred on treatment and had led documentary evidence of expenses only up to the date of filing of petition, i.e., 21.3.1978 and not for the period of pendency of the petition, although the treatment of the injured -claimant had continued during trial of the claim petition.