S.L. RAWAL Vs. J.N. MADAN

JUDGEMENT

(1.) ON 24-3-1972 an accident took place on Madhya Marg at the Junction where there is an entry to Sector 16 from Madhya Marg, at about 1.30 P.M. between an Ambassador Car No. PNU-8093 driven by J.N. Madan, who was owner of the car, which was insured with the Oriental Fire and General Insurance Company Ltd., and Dr. S.L. Rawal, who was coming on a bicycle from Sector 16 on his way to Sector 9 and had entered on the Madhya Marg. As a result of the accident Dr. S.L. Rawal received the following injuries:

(2.) AFTER evidence was led,. the Motor Accident Claims Tribunal by award dated 7-4-1977 came to the conclusion under issue No. 1 that it was the claimant due to whose negligence the accident took place as a result of which the claim petition was dismissed. On issue No. 2 a finding was recorded that in case the car driver was negligent, the claimant would have been entitled to Rs. 16,500/- as compensation, the details of which were also set out in para 8 of the award. This is claimant's appeal in this Court.

(3.) THIS brings me to the consideration of issue No. 2 about the award of compensation. In the opening part of the judgment, the mention of the fractures, the serious nature of injuries and the time which the claimant had to spend in the hospital besides the fact that till 1976, i.e., for about more than four years after the accident, he was still limping and had to use crutches, shows that at the old age the claimant suffered serious injuries and also underwent pain and suffering for a long time which he will continue to suffer till his death. As already noticed, the accident took place on 24-3-1972 when the claimant was about 72 years old. Unfortunately, for him, he has survived till today to suffer for a period of almost 11 years and 8 months after the accident because it has been described by the doctors that there is permanent disability to the extent of 20% besides the shortening of leg by three inches, stiffness of the knee due to which the leg does not bend much. The Tribunal allowed Rs. 4,860/- as loss of income; Rs. 2,765/- towards medical expenses: Rs. 3,666/- towards special diet and for having an attendant and Rs. 5,000/-for pain and suffering. After hearing the learned Counsel for the parties I do not find any sufficient reason to disagree with the assessment on account of first three counts. As regards pain and suffering, from the date of accident till recovery, which was partial and for the rest of the life (i.e. for about 12 years from the date of accident till now) Rs. 5,000/- awarded by the Tribunal is much too low. I am of the considered view that it will be reasonable to award at least Rs. 10,000/- on this count and I order accordingly. To round up, I award Rs. 21,500/- to the claimant on all the aforesaid four counts.