RAMAKANT PANDEY Vs. RAIPUR TRANSPORT CO. PVT. LTD

JUDGEMENT

(1.) THIS appeal has been preferred by the unsuccessful claimant in Claim Case No. 3 of 1976 before the Motor Accidents Claims Tribunal, Rajnandgaon decided on 16-1-1978. The evidence has been recorded in Claim Case No. 4 of 1976. The accident which took place on 23-11-1975 by bus No. C.P.S. 8937, belonging to the non-applicant No. 1, resulted in 5 claim cases Nos. 2, 3, 4 5 and 7 of 1976. The award with reasonings was passed in Claim Case No. 4 of 1976.

(2.) THE appellant has claimed Rs. 47,000/- as compensation for the injuries sustained by him in the said accident. We have held in Misc. (First) Appeal No. 193 of 1978 and Misc. (First) Appeal No. 110 of 1978 that the accident occurred due to the rash and negligent act on the part of respondent no. 1 in not putting a serviceable tyre on the right front wheel of the bus No. C.P.S. 8937. Hence, the respondents have been made liable to pay compensation.

(3.) IN an action for personal injuries, the damages are always divided into two main partsspecial damages and general damages. The special damage has to be specifically pleaded and proved. This consists of the pecuniary loss as stated above. They are capable of substantial calculation. Then there is the general damage which the law implies and is not specially pleaded. This includes Class B as stated in para 3 above and may not be specifically pleaded.