MAHESH KUMAR Vs. SATNAM SINGH

JUDGEMENT

(1.) THE appeal is for enhancement of compensation for the injuries suffered in a motor accident that took place on 1.4.2009. He was 25 years of age and was said to be engaged in a private business of mobile repairs in a shop that he was running called as Mahesh Trader. No document relating to the actual income was produced but he contended that he was earning Rs.30,000/ - per month. The medical bills brought on record shows that he had incurred an expenditure of Rs.3,90,000/ - and he also sought to prove that he went abroad to U.K. for treatment that cost him in Indian currency at Rs.7 lakhs and odd. The Tribunal provided for transportation that included travel expenses outside India and assessed compensation at Rs.8,26,606/ -.

(2.) WHEN there had been no compulsion to go out of India for an artificial limb, the entitlement could be only for what it should have been cost him in India. The principle of law is that a person who claims damages is bound to take steps to mitigate the same. A mitigation of damage must be in context of what he would have spent if he had taken treatment in a good hospital in India. India itself is emerging as a leading health destination for even several of the opulent middle east countries and it cannot be stated that India lacks medical expertise to provide for proper treatment. Indeed, a manner of providing artificial limb to all sections of people and quality medicare through Jaipur foot is a global phenomen of reckoning. I, therefore, discard any claim for compensation for the expenses incurred for treatment outside India. To the fairness of the counsel, who is appearing on behalf of the appellant, it must be stated that he would state that he would be satisfied if the medical expenses incurred in India are fully met.

(3.) THE total compensation payable shall be Rs.19,90,000/ - and the amount in excess over what was awarded will also attract interest @7.5% from the date of the petition till the date of payment. The liability shall be on the Union.