PRADEEP DATTATRAYA NIMOLKAR Vs. PRAN NATH DUA

JUDGEMENT

(1.) THIS is an appeal by the claimant for enhancement of compensation awarded to him in Claim Case No. 2 of 1993 vide award dated 29. 10. 1993 passed by the 7th Additional Motor Accidents Claims Tribunal, Bilaspur.

(2.) THE circumstances and the manner in which the accident occurred are not in dispute. In the said accident the appellant who was going on scooter was dashed by the tractor No. MIL 6367, driven by respondent No. 2, owned by respondent No. 1 and insured by respondent No. 3. The Tribunal held that the accident had occurred due to rash and negligent driving of the tractor, in which the appellant suffered a fracture in the right leg of tibia and fibula, he remained as an indoor patient from 5. 9. 1988 to 13. 9. 1988, where he was put under plaster on 13. 9. 1988 which was removed after about 4 months, but, as the fracture was not rightly joined, it was re-plastered. The injury resulted in shortening of leg by half inch and permanent disability to the extent of 30 per cent, as a result of which the appellant could not move and walk like a normal man. The Tribunal on the evidence adduced and taking into consideration the comparable cases, awarded compensation of Rs. 13,000/-only with interest at the rate of 6 per cent per annum. Hence, the appellant has filed this appeal for enhancement of the compensation.

(3.) IT is contended by the counsel for the appellant that the Tribunal has not awarded any compensation in the head of non-pecuniary damages, i. e. , general damages while in the head of pecuniary damages, the Tribunal has awarded an amount of Rs. 8,000/- for the expenses incurred on special diet, fruits etc. and Rs. 2,000/- for medicines and Rs. 3,000/- for the period in which the appellant remained absent from duty.