LACHHI RAM THAKUR Vs. TEK CHAND

JUDGEMENT

(1.) THIS appeal for enhancement of compensation by the claimant is directed against the Award of the learned Motor Accident Claims Tribunal -II, Solan whereby it has only awarded Rs. 85,000/ - as compensation to the claimant.

(2.) THE claimant was working as a lecturer in a private school and at the relevant time drawing salary of Rs. 10,435/ -. It is not disputed that he met with an accident on 30th July, 2001. The claimant suffered multiple injuries and was admitted in Indira Gandhi Medical College, Shimla and was discharged from the hospital after 19 days on 18th August, 2001. It has also been proved on record that the claimant remained on leave for a period of two months due to the fact that he had been advised to take rest. Ext. PW1/E is the discharge certificate of the claimant which clearly shows that he was admitted in Indira Gandhi Medical College and Hospital, Shimla on 31.7.2001 at 1.25 a.m. and discharged from hospital on 18.8.2001. He was diagnosed with having fracture of D -12 Vertebra with fracture left clavicle with compound fracture proximal phalanx ring finger right hand. He was treated and discharged on 18.8.2001, but even after discharge he was advised bed rest for a period of six weeks. The discharge slip also shows that even after six weeks, the claimant had to come to Shimla and in fact came to Shimla on various dates including 15.9.2001, 21.9.2001 and 22.10.2001. This document which was proved on record will further show that on 31.1.2002, 1.6.2002 and 12.4.2002 the treatment was continued and he even thereafter was advised to continue with physiotherapy. He was also advised to come again to the hospital for review. The learned Tribunal after taking into consideration all the factors has awarded compensation under following different heads: Pecuniary damages.

(3.) EXPENDITURE on medical treatment. The claimant has proved on record that he has actually spent Rs. 11,899/ - on medical expenses. He has been awarded Rs. 12,000/ -. This Court cannot loose sight of the fact that when a person is admitted in hospital, some times receipts of all medicines are not kept especially in a case where the injured is not a government servant and medical expenses are not to be reimbursed. It would therefore be reasonable to add a sum of Rs. 5,000/ - to Rs. 12,000/ - and the medical expenses of the treatment are assessed at Rs. 17,000/ -. 5 The learned Tribunal has assessed the expenditure on attendant charges at Rs. 8,000/ -. As far as attendant charges are concerned, the claimant was only admitted in hospital for about 19 days and therefore a sum of Rs. 3,000/ - under this head is reasonable. As far as transportation charges are concerned, it has come on record that the claimant suffered a serious injury and he has been regularly coming for treatment to the hospital at Shimla for more than 2 years thereafter. At times he may have come by bus and at times by taxi,. Keeping in view the fact that the treatment continued for a long period, it would not be unreasonable to award him Rs. 10,000/ - for transportation expenses both past and future.