BAIKUNTHA KUMAR BHATIA Vs. ORISSA STATE ROAD TRANSPORT

JUDGEMENT

(1.) A stage Carriage vehicle belonging to the Orissa State Road Transport Corporation bearing registration number O.S.C. 7288 while proceeding on the National Highway No. 5 overturned in between the villages Tangi and Jagatpur around 10 A.M. on 21 -9 -1983. A number of passengers sustained injuries. The appellant was one among them. He suffered dislocation of shoulder joint. He was admitted to the S.C.B. Medical College Hospital and remained under treatment at Cuttack and at Baripada. Took physiotherapy exercises and went to Kalupadaghat to take treatment from a quack. He claimed Rs. 15,000/ - as compensation for pain, suffering and expenses incurred. The Tribunal held that the vehicle was dashed being driven rashly and negligently and assessed the compensation at Rs. 2,000/ -. The case of the appellant has been considered in paragraph -25 of the award. The appellant proved the certificates and the connected papers granted by the S.C.B. Medical College Hospital and by the doctors of the Government Hospital at Baripada. On 12 -12 -1983, he obtained certificate from the S.C.B. Medical College Hospital that he was fit to resume duties with effect from 16 -12 -1983. Ext. 9 goes to indicate that the appellant had been appearing before the out -door of the Government Hospital at Baripada from October, 1983 till March, 1985. There are documents to show that he obtained oral advice from some doctor of Midnapore. He claimed that by the process of running to doctors at different places, purchasing medicines, etc. he spent about Rs. 8,000/ -. He alleged that he was still suffering pain. It has not been possible for him to ride bicycle and in his examination -in -chief, he stated: I am unable to take my arm above my shoulder level .... I am unable to ride bicycle and for that I am waisting Rs. 6/ - a day over rickshaw since the day of accident for going to office and market. During cold weather circulation stops and the malady gives pain. The Tribunal observed that there is some discrepancy in the prescriptions regarding the dates. It further observed that the petitioner had taken leave with full pay and had not suffered loss on that account and after taking rest, he had been advised fit to resume duties. Hence, a sum of Rs. 2,000/ - in the facts and circumstances, was adequate compensation. I am afraid that the Tribunal has not considered all the circumstances from the correct perspective. The pain, the suffering and the agony of the appellant, who had been running from doctor to doctor, and even his turning to a quack at Kalupadaghat ultimately show his desperation and the persistence of suffering. It is evident that the statement of the appellant that since the date of the accident he has not been able to ride bi -cycle, goes uncontroverted. It is further evident that his statement that on that account he is spending Rs. 6/ - a day over cycle -riskshaw, stands unchallenged.

(2.) IN assessing compensation for pain, suffering and discomfort that the injured might have and be passing through especially in case of a persistent injurywhere the injury is not fully cured and continues to give paid and sufferingthe Tribunal should not have been tight fisted. It should have put itself in the place of the injured and then appreciate what amount would be the adequate compensation.

(3.) THE Misc. Appeal is accordingly allowed. But, in the circumstances, there would be no order as to costs.