JIWAN KUMAR Vs. GULAB SINGH

JUDGEMENT

(1.) THE appeal is at the instance of the owner -driver of a van who has been made liable for the compensation assessed for injury suffered in a motor accident that took place in a collision with the van in which the claimant was travelling. The Tribunal found that the vehicle come to the wrong side of the road and dashed against the van, while the appellant was contending that there was no such accident. The Tribunal had an eyewitness account of the involvement of the appellant's vehicle apart from the claimant's version. The police investigation had revealed the involvement of the driver, the driver was also challaned and the vehicle seized by the police. There was therefore sufficient material for involvement of the appellant's vehicle and the finding regarding negligence was founded on an appropriate evidence. I see no reason for interference.

(2.) AS regards the quantum, the claimant had suffered fracture that required surgical intervention. He had been hospitalized for about 39 days and the Tribunal, while assessing the compensation, found that the disability that had resulted by the fracture was to the tune of 8% as per the doctor's report and after providing for Rs. 16,000/ - as going towards disability also provided for Rs. 3,000/ - as medical expenses and Rs. 39,000/ - as hospital charges. The counsel argues that a provision for Rs. 1,000/ - for each day of hospitalization was grossly high. I am prepared to accept that argument but still I would find that if a proper reckoning were to be made under each one of the heads, the Tribunal had missed out to award compensation for pain and suffering which I would estimate at Rs. 20,000/ -. I will also provide for attendant charge, transport and extra diet, each at Rs. 3,000/ -, which will be Rs. 9,000/ -. If the loss of amenities for disability would be assessed at Rs. 10,000/ - which is permanent, the overall compensation would still be the same. I find no cause for reduction of the amount already assessed. The award is maintained and the appeal is dismissed.