MOHAMMAD ABDUL KALAM Vs. C SHRINIVAS RAGHWAN

JUDGEMENT

(1.) THIS appeal has been preferred by the claimant-appellant calling in question the adequacy of compensation awarded by Ninth Addl. Motor Accidents claims Tribunal, Bhopal in M. C. C. No. 10 of 1996 as per award dated 10. 7. 1998.

(2.) CLAIMANT Mohd. Abdul Kalam, aged 26 years, was travelling on a scooter No. MP 04-N 8374 as a pillion rider. He was going to Safia College, where he was a student of LL. B. final year. He had passed b. Com. and M. Com. and was preparing for public Service Commission examination. Scooter was driven by Habib at Sufia Mosque square, near Chinar Apartment, a jeep no. MP 04-J 2063 came from opposite direction, driven by C. Shrinivas Raghwan, owned by Jinco and insured with New india Assurance Co. Ltd. at an excessive speed driven rashly and negligently by its driver, dashed the scooter and the claimant sustained severe injuries. There was fracture of L-1 vertebra in the vertebral column. An iron rod was inserted in the backbone. Dr. Shivaji Bisal, CW 3, assessed the disability at 100 per cent as per the certificate (Exh. P130 ). Claimant suffered with paraparesis and sensory loss below ankle in both lower limbs.

(3.) IT was claimed that the claimant was preparing for PSC examination. It was further averred that claimant was the best player of hockey and was a member of bhopal Senior National Hockey Team in 1993. He got the championship certificate and played Junior Hockey at National and international level. As a sportsman also he had a bright future. Due to disablement his future has become totally dark. Claimant was unmarried, due to loss of sensation in lower part of body and injury to bladder, he had become totally unfit for living conjugal life, he has lost prospects of marriage, in addition he has to engage a servant for his remaining lifetime so as to support him. Medical treatment was obtained at Bhopal and Bombay. For disability, the expenditure incurred in treatment, future treatment, special diet, physical pain and mental suffering, for loss of marriage prospects, for engaging an attendant, for being deprived to lead a life of sportsman, towards loss of future earning capacity, total compensation of rs. 60,00,000 was claimed.