SHAFIQ Vs. PRAMOD KUMAR BHATIA

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act 1988 (for short the 'Act') for enhancement of the compensation awarded vide award dt. 2-12-1995 passed in M.C.C. No.161/95 by VIth Addl. Motor Accidents Claims Tribunal, Bhopal.

(2.) The appellant used to sell cloth by going round from place to place. On 20-5-1994 at about 3.30 p.m. when the appellant as pillion rider was going on Scooter No. MBD-516 driven by one Mohd. Faruk Khan towards Jahangirabad, Truck No. MKW- 7855 coming from opposite direction in high speed dashed the scooterist. As a result, the scooter driver died on the spot. The appellant's left shaft femur was fractured. The Scooter was badly damaged. The appellant was admitted in Gandhi Medical College and Hamidiya Hospital Bhopal. After treatment his leg was plastered. On. 10-8-1994 skin grafting was done over granulating wound. On discharge on 26-8-1994, he was advised to attend OPD on Tuesday/Friday after two weeks. But he complained pain and swelling in left thigh and was again admitted on 10-1-1995 for refracture shaft femur for nailing operation. On l-2-1995 operation was performed and 40 cm x 11 mm size nail was passed through Anterolate approach. He was discharged on 14-2-1995, and advised for follow up treatment for a month, Discharge ticket is Ex. P./125. The injury resulted in Post traumatic painful restriction of knee movement with shortening of left leg by one inch and disfigurement of left thigh. Extent of permanent disabiiity was 50% in the lower limbs. Ex. P/ 132 is the certificate showing this physical handicap.

(3.) The appellant during his treatment as an indoor patient filed' an application for compensation on 28-7-1994 through his counsel and claimed compensation of Rs. 3 lacs under various heads. The owner and drives of the vehicle remained ex parte. The respondent No.3 the insurer contested the claim. The Tribunal held that accident was caused due to sole negligence of the truck driver, and awarded Rs. 10000/- for expenses incurred treatment, Rs.2000/- for special diet, Rs. 12000/- for loss of earning for a period of one year, Rs. 30,000/- for permanent disability and Rs. 5,000/- for pain and sufferings, total Rs.59,000/- with interest thereon at the rate of 12% per annum, from the date of application till payment.