VIKAS Vs. RAM BHOOL

JUDGEMENT

(1.) THIS appeal is directed against the award dated 9.10.1990 given by the Motor Accident Claims Tribunal, Gurgaon.

(2.) MADAN Lal, his wife Smt. Meena alias Maina, his son Vikas (present appellant) were on their way from Gurgaon to Faridabad on scooter bearing No. HYW-917 on 17.8.1989 at about 5.15 P.M. when they were knocked down by the truck bearing registration No. DIG-3345. Madan Lal, who was 43 years of age and was working as Assistant Manager with the Eicher Tractors Limited, Faridabad, died at the spot. His wife Smt. Meena, who was aged about 38 years and was a J.B.T. Teacher, suffered serious injuries and remained hospitalised at Safdarjang Hospital, New Delhi, for 15 days and thereafter she succumbed to her injuries. Vikas was aged 11 years at that time and was studying in sixth class at the relevant time, suffered permanent disability, underwent pain and suffering and, thus, he became crippled for the whole life. The Motor Accident Claims Tribunal, Gurgaon (for short 'the Tribunal') has recorded the permanent disability at 50 per cent. However, later on C.M. No. 2153-CII of 1999 has been filed in this Court, wherein a prayer has been made to place on record the original medical certificate issued by the District Medical Officer on behalf of the Civil Surgeon, Hisar, as well as the estimate for the treatment which Vikas is required to undergo after the pronouncement of the award of the Tribunal. The said application is allowed and the documents are taken on record. In the medical certificate issued by the District Medical Officer, Hisar, it has been stated that Vikas has suffered 70 per cent permanent disability. He is still required to undergo surgery of his right knee and the estimated cost for the same has been stated to be about Rs. 60,000/-. The Tribunal awarded total compensation of Rs. 1,44,000/- to both Vikas and his grandmother Smt. Ishwar Devi with regard to the death of his father Madan Lal. A compensation of Rs. 1,44,000/- was granted to Vikas on account of the death of his mother Smt. Meena. For the disability suffered by Vikas (minor) the Tribunal awarded a compensation of Rs. 60,000/-. For the expenses incurred by him on his treatment as well as on account of the pain and suffering, the Tribunal awarded Rs. 40,000/-. Thus, a total compensation of Rs. 1,10,000/- for the disability suffered and the pain and suffering undergone by Vikas has been awarded to him. To challenge the award, Vikas has filed the present appeal.

(3.) THE enjoyment and prospects of life have diminished. Mr. Bhandari submits that while awarding compensation the Court should not only calculate pecuniary damages but special damages should also be awarded to the victim. In support of his contention, he has placed reliance on the dictum of their Lordships of Hon'ble the Supreme Court in R.D. Hattangadi v. M/s Pest Control (India) Pvt. Ltd., (1995-2) Punjab Law Reporter 298.