GURMEJ SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) The appeal is for enhancement of compensation for injuries sustained by Hawaldar in an Indian army, who also was a para trooper and a commando. The accident took place on a collision with the Haryana Roadways when the claimant was travelling in the army jeep. The Tribunal, on finding that it was a case on head-on collision, found that the responsibility must have been on both vehicles and apportioned the liability of the driver of the army jeep at 40% and 60% responsibility for the driver of the Haryana Roadways. As regards the injuries sustained, there had been substantial evidence. It could be seen that he was initially admitted in the hospital at Ambala and later brought to Chandimandir Army Hospital. He had fairly a long period of hospitalization lasting over 80 days. The Tribunal determined an overall compensation of Rs. 5,60,000/- but awarded 60% of the same and cast an abatement to the extent of 40% for the negligence of the driver of the vehicle in which he was travelling.

(2.) The manner of determination of compensation as undertaken by the Tribunal leaves much to be desired. It is expected that in every case relating to injury the Tribunal shall make specific assessment under every one of the heads of claim and shall not ever make an overall approximation without any discussion for compensation. It virtually amounts to abdication of judicial duty that a Tribunal has to perform. In the evidence, it was brought out through the eye specialist that in the accident, the brain and eye had been affected and the claimant had been placed in medical category E-2 and P-2 which corresponded to the permanent disability category. He had also given evidence to the effect that he was not fit for military duty meaning thereby that he was not totally incapacitated but he was not in a position to handle all types of activities that one might be required to undertake as a military personnel. PW3-Neuro Surgeon had given evidence to the effect that he had undergone a mild impairment of his mental faculties and it had been on account of head injury. There was also evidence that he had lost all prospects of promotion to a higher rank due to his medical category P-2. PW6 was a member of the Medical Board which after the medical legal examination had assessed the disability on account of an impairment of eye sight at 50% and qua cerebral injury, the disability was assessed at 70%. It was also stated that he could not any longer be a soldier and he was put on miscellaneous jobs and in army terminology, it is called as 'shattered appointment.'

(3.) In the manner in which the medical evidence is given, I have no doubt in my mind that the nature of injuries suffered were serious and having regard to the fact that the medical expenses had been fully covered, the claim has to be undertaken to examine the component of pain and suffering and the other non-pecuniary damages. Having re- gard to the head injury and a prolonged treatment, I would award a compensation of Rs. 50,000/- towards pain and suffering. To an army commando, being sprightly, alert and ebullient are the watchwords. A person to be fettered for his life to what in army terminology itself is called shattered appointment, I would reckon that to be a shattering experience for a person to cope with for his life. I will, therefore, award the loss of compensation for loss of amenities of life at Rs. 1 lakh. The impairment has not merely been of an eye sight but there is a psychiatric ailment as well which by the medical assessment has been found as having resulted in an impairment in mental faculties. I would provide for a compensation of Rs. 50,000/- for reduction in life expectancy and for the impairments suffered.