ASSA RAM Vs. ZILE SINGH

JUDGEMENT

(1.) This appeal has been filed by the claimant against the award dated 8.3.1999, passed by Motor Accident Claims Tribunal, Jind (for short, 'the Tribunal') for enhancement of compensation.

(2.) Facts of the case are that on 1.9.1996, Asha Ram claimant was travelling in a bus bearing registration number HR-46-0224, coming from Delhi to Jind. It was being driven by Zile Singh respondent No.1 at a high speed in a zigzag manner. When the bus reached near the village Budha Khera, a tractor came on the road from the left side. The driver of the bus took a little turn but due to fast speed he could not control the same and struck against the tree. The petitioner, bus driver and other passengers were injured. The people from the locality removed the injured to Civil Hospital, Jind. FIR No.151 dated 2.9.1996 under Sections 279 and 337 IPC was registered against respondent No.1 at Police Station, Julana.

(3.) Claimant claimed that he was 46 years of age and was working as Steno to General Manager, Roadways Jind. He was initially examined at Civil Hospital, Jind but due to serious condition, he was referred to Delhi. He was first taken to Sir Ganga Ram Hospital, Delhi, where CAT scanning was done. But as no room was available in Intensive Care Unit, therefore, the petitioner was shifted to Kilmet Hospital and Medical Research Centre, New Delhi, where he remained admitted from 1.9.1996 to 19.9.1996. Thereafter, he was shifted to Sir Ganga Ram Hospital, Delhi on 19.9.1996, from where, he was discharged on 12.11.1996 and was readmitted on 17.11.1996 and discharged on 17.12.1996. Claimant is still under treatment and regularly visiting the hospital. Claimant was also operated for serious brain injury. The memory of the claimant has faded and he has developed neurological problems. Claimant cannot walk properly and he has become almost blind. His vision from one eye is zero and vision from other eye is only 4/60%. The face of the petitioner has become ugly and his left eye has been distorted. Petitioner had spent Rs.3,25,000/- approximately on treatment. He suffered salary loss of Rs.30,000/- and future income of Rs.8,64,000/-. He spent Rs.2,00,000/- on conveyance, Rs.50,000/- on special diet. Claimant claimed compensation to the tune of Rs.24,29,000/-.