NEW INDIA ASSURANCE CO LTD Vs. BALDEV RAJ

JUDGEMENT

(1.) ON October 20, 1980, Baldev Raj alias Baldev Singh, son of Jia Ram and Gurucharan Singh, who were constables in Punjal Police were passengers in bus PUR 5236 owned by Ambala Bus Syndicate Private Ltd. , Ropar, and driven by Surta Singh on the Nangal-Ropar road. At about 10 a. m. near Sadabarat building, the bus overturned as a result of which Gurucharan Singh received fatal injuries and succumbed to the same on October 26, 1980, whereas Baldev Raj received serious injuries. Baldev Raj and the parents of Gurucharan Singh filed separate applications before the Motor Accidents Claims Tribunal (for short "the Tribunal " ). Both the applications were separately tried but similar issues were framed about the negligence of the bus driver and the amount of compensation payable to the claimants.

(2.) THE accident was not disputed. However, the negligence of the driver was denied. The Tribunal, by award dated November 11, 1982, came to the conclusion that the bus was overloaded and due to the negligence of the driver, the bus overturned. As regards the quantum of compensation, it came to the conclusion that Gurucharan Singh was getting Rs. 600 per month at the time of accident and was aged about 25 1/2 years and in the ordinary course of events would have continued to maintain his parents from his salary till their death. His contribution towards his parents was assessed at Rs. 400 per month. Annual dependency of parents was estimated at Rs. 4,000 and after applying multiplier of 10, Rs. 40,000 were awarded to the parents of Gurucharan Singh.

(3.) AS regards the injuries of Baldev Raj, it was found that he was getting Rs. 600 per month at the time of accident as a constable and that he had fracture of the spine with traumatic paraplegia, and he was kept on bed for a month in the hospital and was discharged with plaster jacket around his chest and abdomen which he had to wear for three months and thereafter also he was advised to lie in a plaster bed for a period of further one month. Even on August 7, 1982, the doctor had opined that he was unable to stand without any support and that the damage to the spinal cord was of permanent nature and that he had lost sensation below knee in both the legs and in his view, because of paralysis of the two legs below knee, he had developed 50 per cent disability. For the aforesaid injuries on different heads and counts, he was awarded compensation as follows: Compensation for about 2 Rs. years loss of salary at the rate of Rs. 600 per month 14,400 Loss of prospective income 60,000at the rate of Rs. 4,000 per annum Pain, shock, suffering and 30,000loss of amenities of life Medical treatment 3,000 Total 1,07,400