RAMESH CHANDER SIKKA Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE appellant Ramesh Chander Sikka aggrieved against the inadequate compensation granted by the learned Motor Accident Claims Tribunal, Rohtak ('Tribunal' -for short) in an accident in which he suffered injuries, has filed the present appeal. Various passengers including the appellant Ramesh Chander Sikka had boarded a four wheeler vehicle with registration No.HR -46 - 4659 on 26.09.1995. They were traveling from Octroi Post, Rohtak to Sampla because buses were not plying due to heavy floods and unprecedented rains. Ranbir Singh (respondent No.4) was driving the ill -fated four wheeler vehicle. The vehicle reached near Chulana Mor in the area of Rohtak. At that time, the offending bus No.HR -46 -2802 owned by Naya Bans Transport Co -operative Society (respondent No.2) and being driven by Sunil Kumar (respondent No.1) in a rash and negligent manner came from behind and hit the four wheeler. The four wheeler overturned and all the occupants sustained multiple injuries. Bhup Singh died at the spot. The other injured were taken to PGIMS, Rohtak where they were medically examined and treated. Sudhir Kumar Gupta, another passenger succumbed to his injuries on the next day of the accident while Subhash Chander died on 02.10.1995. The learned Tribunal held that the accident occurred due to the rash and negligent driving of bus owned by Naya Bans Transport Co -operative Society (respondent No.2) and driven by Sunil Kumar (respondent No.1). It was held that both the drivers of the vehicles involved in the accident were holding valid driving licences.

(2.) AS regards compensation, the appellant Ramesh Chander Sikka has been awarded compensation of Rs. 1,10,000/ -. It was held on the basis of the disability report (Ex.P -105) given by a Board of three doctors of PGIMS, Rohtak that fifty percent disability of the appellant was provisional. Besides, by taking into consideration the age of the appellant, he was awarded Rs. 90,000/ - as compensation. A further sum of Rs. 20,000/ - was awarded as expenses incurred on the treatment, taking diet and pain and agony as also attendant charges. He was awarded Rs. 1,10,000/ - in all.

(3.) MR . Dinesh Arora, Advocate, learned counsel appearing for the appellant has contended that in fact the disability of the appellant Ramesh Chander Sikka is fifty percent permanent in nature, which has been proved vide report (Ex.P -91) by Dr. N.S. Chadha (PW -27). It is submitted that merely because Dr. N.S. Chadha is a private doctor is no reason to not rely on his report as he is a qualified Orthopaedician. Therefore, the report of Dr. N.S. Chadha is liable to be accepted and by taking his income to be Rs. 1500/ - per month, which annually comes to Rs. 18,000/ - and discounted by fifty percent, is Rs. 9000/ - per annum. To this, a multiplier of thirteen is to be applied keeping in view the fact that the age of the appellant at the time of accident was 47 years. Therefore, the appellant is liable to be awarded Rs. 1,17,000/ -, besides, he is liable to be awarded Rs. 25,000/ - towards pain and suffering and Rs. 30,000/ - for special diet, attendant and transportation.