RAM DHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Motor Accident Claims Tribunal, Hissar on December 24, 1983 awarded a sum of Rs. 24,000/- as compensation on account of the injuries suffered in an accident. On the amount awarded, interest at the rate of 12 per cent per annum from the date of the order was also allowed.

(2.) The accident took place on October 18, 1982 at about 1 p. m. The appellant was going on a scooter from Hissar side towards Delhi on his left side of the road. When he was passing the over-bridge, Bus No. HYB 2147 belonging to Haryana Roadways driven, by Sher Singh came from the opposite direction. On coming towards the wrong side, the bus hit the scooter of the appellant who suffered injuries. The appellant was removed to Sapra Hospital Hissar. Twice he was operated upon. His leg ultimately was shortened by 11/2". The disability was 30 per cent. In the claim application, the appellant claimed Rs. 40,000/-. The appellant was working as a Junior Engineer in the Irrigation Department drawing Rs. 850/- per month as salary. The accident took place on account of the rash and negligent driving of the bus by Sher Singh. The claim was contested by the respondent, Haryana State and the Haryana Roadways. The negligence on the part of Sher Singh in driving the bus was denied. According to them, there was no impact with the scooter. On the issues framed, the Tribunal held that the accident took place due to rash and negligent driving of the bus by Sher Singh resulting in causing injuries to the appellant Thus, the appellant was allowed Rs. 24,000/- as compensation i, e. Rs. 13,000/- on account of the treatment and injury suffered and Rs. 11,000/- on account of loss of pay for 13 months. The claimant Ram Dhan has come up in appeal.

(3.) The contention of counsel for the appellant is that highly inadequate compensation has been fixed by the Tribunal under the head of injury and treatment. He has referred to the statement of P. W. 3 Dr. M.R. Sapra, who operated upon the leg of the appellant and gave the opinion that about a sum of Rs. 10,000/- was likely to be spent on the treatment. The doctor also proved receipts of his hospital Exhibits P. W. 3/1 to P. W. 3/10. The total amount of these bills- cum-receipts is to the tune of Rs. 1,100/-. On the other hand, Additional Advocate General has argued that since the appellant did not take treatment from the Government Hospital he is not entitled to any amount spent on his treatment. He has further argued that a sum of Rs. 13,000/- awarded by the Tribunal includes medical expenses already made and to be made in future as well as compensation for the injury suffered i. e. pain and suffering.