SUNIL KAUNDAL Vs. SHER SINGH

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the Award of the learned Motor Accidents Claims Tribunal, (MACT) Hamirpur, in MAC Petition No. 48 of 2001, decided on 26.4.2004 whereby the learned Tribunal assessed the compensation payable to the claimant at Rs. 60,000/ -, but held the claimant himself liable for contributory negligence in causing the accident and thereafter awarded only a sum of Rs. 30,000/ -.

(2.) THE facts which are not in dispute are that on 10.12.2000 the claimant was driving scooter No. HP -20 -2016. He was coming from Bassi hospital and was going to Tal. On the way, he gave lift to one Shri Rakesh Kumar. The allegation of the claimant is that bus No. HP -22 -569 owned by the Himachal Road Transport Corporation (HRTC) and driven by Sher Singh came from the opposite side. It was alleged that this bus was being driven in a rash and negligent manner by driver Shri Sher Singh and there was collusion between these two vehicles, as a result of which, Rakesh Kumar unfortunately died and the claimant suffered injuries. The claimant filed Claim Petition claiming compensation for the injuries being suffered by him.

(3.) COMING to the issue of quantum. To say the least, the Award of the learned Tribunal is extremely on the lower side. We are here concerned with the case of a claimant who suffered injury in the year 2000. He was immediately taken to the hospital where he was operated upon, and was diagnosed with fractures in both bones of the right lower leg. He was operated upon and discharged from hospital, almost after three months on 19.2.2001. He was again re -admitted in the hospital for insertion of rods and plates in the month of March, 2001. After one year he was again admitted in the hospital on 8.3.2002 when the rods and plates were removed and he was finally discharged on 6.4.2002. Therefore, factually he remained in the hospital for more than three months. This is evident from the statement of the doctors and other documentary evidence produced on record. PW -1 Dr. K.S. Dogra, Medical Officer, Zonal Hospital, Hamirpur has also proved the disability certificate issued by the Medical Board which shows that the claimant had suffered 40% disability to his entire body because of the injuries caused to him in the accident. It is true, as observed by the learned Tribunal, that the claimant has not had to pay for medical expenses, since he being a government servant has been reimbursed medical expenses. However, this does not mean that the claimant is not entitled to other expenses.