BIJOY KRISHNA DEY Vs. PRABHU DAYAL CHOHAN

JUDGEMENT

(1.) THIS appeal arises from the award dated 22.12.1981 passed by the Motor Accidents Claims Tribunal, Tezpur, in Claim Case No. 28 of 1972.

(2.) FACTS : On account of the negligence of the driver of bus No. ASZ 2797 belonging to Ramesh Chandra Dey (since deceased), the bus collided with a scooter bearing No. ASZ 4710 on 14.2.1971. The scooterist Prabhu Dayal Chohan suffered head injury and mandibular fracture. Prabhu Dayal (hereinafter referred to as 'the claimant') claimed Rs. 2,35,600/- as compensation before the Motor Accidents Claims Tribunal, Tezpur. The Tribunal awarded Rs. 1,89,400/- as compensation. Hence this appeal.

(3.) THE claimant was in hospital for about 2 months. He was again admitted to hospital from 17.9.1971 to 20.9.1971 for operation on his toe as there was contracture in the toe caused by injury to the brain. Later on, his left side of body developed paralysis due to the brain or head injury. He has not regained the original strength of his left leg. He limps while walking. He sometimes falls down in a fit. However, there is no evidence that the head injury or brain injury has resulted in permanent disability. There is also no evidence that he has been declared unfit for future service. The letters, Exh. 7 dated 11.9.1973, Exh. 8 dated 7.12.1973 and Exh. 9 dated 12.2.1974 written by his employer to the claimant show that he was working but his performance was poor. The claimant has explained that the poor performance was due to his physical disability.