JOGINDER AND OTHERS Vs. DAYA CHAND

JUDGEMENT

(1.) (Oral) - The appeal by the driver and the owner is on the issue of quantum and liability, while the claimant contended that the accident was caused when the driver of the tractor dashed against him when he was going on a cycle and that he had crush injuries. The driver gave evidence as RW1 contending that he had been asked for a lift by the claimant and he did not accede to the same. He, therefore, proceeded along and his vehicle was not involved in the accident. Admittedly, a case had been registered against the driver for negligence and the involvement of the tractor was itself brought through a halting admission of the driver that the claimant signaled him to stop for a lift but he refused to accede to it and the reasoning of the Tribunal was, it was not his case that the driver had not seen the claimant at any time on that day when he was driving the vehicle. The Tribunal found the involvement of the vehicle as having been established and reading the whole of evidence given by the driver, I have no hesitation to hold that he was prepared to come out with the whole truth. He was deliberately suppressing the fact of the accident. I affirm the finding that the vehicle had been involved in the accident and that it was caused by the rash and negligent driving of the driver only.

(2.) The learned counsel for the appellants points out however that even the quantum of compensation assessed at Rs. 25,000.00 was on the higher side and did not merit such an assessment having regard to the nature of injuries that had been found. They are brought out in the order itself and they are reproduced as under:-

(3.) Multiple abrasions and laceration must have definitely caused him enormous pain immediately and they were not even shown to be grievous in nature. If x-ray had been advised and if there had brought out any fracture, it could have been grievous and not otherwise. The compensation could have been at best Rs. 2,000.00 for every simple injury towards pain and suffering and a further provision of Rs. 4,000.00 for medical expenses. The total compensation could not have been more than Rs. 10,000.00. The compensation at Rs. 25,000.00 was surely on the higher side.