MOOL CHAND Vs. S S PARIHAR

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988, for enhancement of compensation awarded in Claim Case No. 43 of 1990 vide award dated 7. 9. 1994 passed by the Motor Accidents Claims Tribunal, Raipur.

(2.) ON 5. 8. 1989 at about 11. 30 p. m. , when the appellant was coming from Mahasamund to Raipur in his Maruti car on Nawagaon-Lakholi road, the truck bearing No. MOT 9933 driven by respondent No. 2, owned by the respondent No. 1 and insured with respondent No. 3 dashed the Maruti car, as a result of which the appellant received severe multiple injuries. His right femur and shaft and right knee were fractured. He received bruises all over his body. He was taken to D. K. Hospital, Raipur, where he remained for two days and thereafter was shifted to Bombay, where he remained as an indoor patient from 8. 8. 89 to 27. 8. 1989. His right femur and shaft were operated upon and steel plates with Richard screws and 13 other screws were fixed for the reunion of the fractured bones. He remained bedridden for a period of three months and could not carry on his profession for a period of six months.

(3.) THE appellant claimed compensation of Rs. 14,21,940. The learned Tribunal, after appreciation of evidence adduced by the parties, held that the accident was caused due to the sole negligence of the truck driver. Therefore, under the head of pecuniary damages, awarded Rs. 22,000 for medical care, Rs. 3,000 towards the expenses incurred in performing journey from Raipur to Bombay, Rs. 2,140 for engaging one attendant and Rs. 30,000 for the loss of pay for a period of six months (in all Rs. 57,200 ). Under the head of non-pecuniary damages for the pain and suffering, which the appellant had suffered, an amount of Rs. 25,000 was awarded. Thus, a total amount of Rs. 82,200 was awarded with interest at the rate of 18 per cent per annum from the date of application, i. e. , 3. 2. 1990 till realisation.