BAKULESH Vs. GIRDHARILAL

JUDGEMENT

(1.) THIS appeal arises out of award dated 22. 1. 1986 in Claim Case No. 273 of 1981 of the Motor Accidents Claims Tribunal, Indore, awarding compensation of Rs. 40,000/- to respondent-claimant Girdharilal on account of injuries sustained by him, due to rash and negligent driving of the scooter CPF 5355 by appellant No. 1 which was owned by appellant No. 2 under insurance with appellant No. 3.

(2.) THIS appeal is on the ground that the accident in question was for no fault of the scooter driver and the compensation awarded is highly excessive on all items. There are practically no grounds to ignore categorical assertions of victim Girdharilal, PW3, as well as eye-witness Budhaji, PW 2, according to both of whom the scooter in question dashed against the victim from behind, when he was going on foot by the left side of the road. The scooter driver has not entered the witness-box to rebut the aforesaid allegation which gives rise to adverse inference also. Even otherwise, there are no grounds to ignore testimony of the aforesaid witnesses which is sufficient to hold that the accident in question took place on account of rashness and negligence of the scooter driver in view of doctrine of res ipsa loquitur also.

(3.) SO far quantum is concerned, Dr. Jain, PW 1, details that the injury sustained consisted of fracture (para 1) in the leg which had resulted in shortening of leg (para 8) to the extent of 1 3/4" and it was not possible for him to continue his work of carpenter as before (para 2) because of substantial reduction in working capacity and inability to even stand for a long time. The doctor ultimately opined (PW 1, para 1) that the permanent disability in question was to the extent of 40 per cent. There are no sufficient grounds to reject the aforesaid medical evidence. In Avtar Singh v. Akal Bus and Transport Co. (P) Ltd. 1985 ACJ 568 (Pandh), a sum of Rs. 30,000/- was awarded as general damages where shortening of leg was by 1 1/2" and permanent disability was 30 per cent. In Suresh singh v. Kamlesh 1987 ACJ 429 (MP), a sum of Rs. 30,000/- was awarded as general damages for 20 per cent permanent disability to victim aged 40 years. In the instant case permanent disability assessed is 40 per cent, so a sum of Rs. 32,000/- awarded by the Tribunal as general damages does not appear excessive at all.