BALRAM LAWANI Vs. JAHID KHAN

JUDGEMENT

(1.) Claimant Balram Lalwani sustained grievous injuries in an automobile accident on 3.2.1990. His left arm and hand were crushed under truck No. MPQ 3651 owned by respondent No. 2, driven by respondent No. 1 and insured with respondent No. 3. He was shifted to Nagpur for treatment where he remained hospitalised for about one-and-a-half months. His left little finger had to be amputated and skin-grafting had to be done.

(2.) On a petition being filed by Balram Lalwani under section 166 of the Motor Vehicles Act claiming a total compensation of Rs. 4,27,300 under the heads of hospitalisation, nursing and treatment, special diet, transportation, expenses on servants, loss of earnings and loss of earning capacity and pain and suffering, etc. The Claims Tribunal made an award of Rs. 67,461 only, consisting of Rs. 27,461 towards expenses of treatment and hospitalisation, and Rs. 40,000 for permanent disability.

(3.) In this appeal it has been urged on behalf of the claimant that the learned Tribunal was wrong in ignoring his claim for special diet, pain and suffering, loss of earning and loss of earning capacity. He ought to have been awarded compensation for having spent money on the food and salary of two servants who were engaged, one for the hospital at Nagpur, and the other for the children, left behind at home at Katni. The Tribunal also overlooked the fact that the total amount spent at Nagpur hospital was much more than what is evidenced by the cash memos Exhs. P-1 to P-37.