BABULAL Vs. DINESH KUMAR

JUDGEMENT

(1.) RECORD of Tribunal and its award perused.

(2.) ON 2.6.1992 appellant was travelling in bus No. G.K.-1-T/9736 from Jhabua to Bhopal. At 8.00 a.m. there had been a head on collision between this bus and truck No. M.Q.U.-549. Appellant sustained injuries due to composite negligence of both the drivers of the passenger bus and the truck. Driver of the passenger bus and the Gujarat State Road Transport Corporation as well as driver and owner of the truck and its Insurance Company were impleaded as parties in the claim for rupees three lacs. The Tribunal held that the accident was result of composite negligence of both the drivers. An amount of Rs. 20,000/- in lumpsum for permanent disability, diminution in earning capacity and enjoyment of normal amenities of life etc. and an amount of Rs. 4,000/- for medical expenses, in all Rs. 24,000/- with interest @ 12% per annum was awarded which was apportioned in equal shares between the driver, owner and Insurance Company of the offending truck and driver and Gujarat State Road Transport Corporation of the offending bus.

(3.) APPELLANT has submitted vouchers for purchase of medicines Exs. P/65 to P/68 for the total amount of Rs. 10,224/-. However, the Tribunal below has allowed only Rs. 4,000/- for medicine on the ground that he being a Government servant, might have claimed reimbursement of the same from his department though there had been no such definite plea or suggestion in the cross-examination of the appellant. Certainly, the Tribunal below should have allowed these expenses, these vouchers which is neither fag or forged. Thus, the appellant was entitled to get Rs. 15,000/- as medicines expenses.