MOHAMMAD YUSUF JAMIL Vs. S K ISHAD AHMAD

JUDGEMENT

(1.) THIS is an appeal by an injured who has been awarded a sum of Rs. 7500/ - for the injuries sustained by him in a motor accident, from a decision of the second Motor Accident Claims Tribunal, Sambalpur, in Misc. Case No. 38 of 1986 (S).

(2.) ON 1985, the appellant was proceeding in a jeep bearing registration number O.S.S. 2172, hired by his employer Sarfaraz Hussain, a leather merchant, to Bargarh. The vehicle was being driven rashly at a high speed. Suddenly being confronted by a tractor coming from the opposite direction, he lost his balance and failed to control the vehicle which turned turtled and fell into a wayside ditch 18 feet below the road. He sustained injuries on his right hand, right leg and head. He was removed to the V.S.S. Medical College and Hospital where he was admitted as an indoor patient. Three of his metacarpal bones of the right palm were fractured. He underwent treatment, as ill luck would have it, there was mal union. There was stiffness in the fingers and the wrist and his right palm became ultimately totally immobile and useless. He was aged 26 years and was serving under a leather merchant at a salary of Rs. 750/ - per month. For the injuries sustained, loss of income deformity, disability and expenses incurred, he lodged a claim in the sum of Rs. 2, 00, 000/ -. The owner of the vehicle denied the allegations. The insurer while refuting the assertions made by the appellant, pleaded breach of conditions of the policy. On the evidence led, the Tribunal held that the accident took place due to the rashness and negligence of the driver. The appellant was entitled to Rs. 7, 500/ - as compensation and the insurer was to indemnify the award.

(3.) TO satisfy myself, I required the appellant to appear before me and he appeared on 30.3.1989.1 saw that he was not able to move his palm. The wrist joint was partially stiff and immobile. He was not able to flex his fingers and hence could not grasp a thing. The metacarpal bones were mal -united and his right hand was almost wholly useless. That is what I noted in the order dated 30.3.1989 observing the appellant.