BHAGWAN DASS Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal arises out the claim petition No. 28 of 1982, decided by the Motor Accident Claims Tribunal (I), Mandi on February 11, 1982. Briefly, the facts may be stated thus.

(2.) CLAIMANT Bhagwan Dass (here-after 'the claimant') parked his Car for repairs out side a workshop on September 5, 1981 at 7.00 p.m. at Srawari Bazar, Kullu. While he was taking out some articles from the boot of the Car and most part of his body was inside it, Jeep bearing No. HPU 782 belonging to respondents Nos. 1 and 2 being driven rashly and negligently by respondent No. 3, came from Akhara Bazar and hit the leg of the claimant resulting in grievous injuries. At this time, the claimant was Managing Director of Kullu Valley Agro Industries Private Ltd., Raison, getting Rs. 1,000/- per month by way of salary in addition to income of equal extent from agriculture. At the time of accident, he was 55 years old. He moved claim petition under Section 110-A of the Motor Vehicles Act, 1939 claiming compensation to the tune of Rs. 2,00,000/-. In answer to this claim petition, respondent Nos. 1 and 2 raised preliminary objections about the limitation and maintainability of the petition. It has also been denied that the accident was the result of rash and negligent act of the third respondent and it has been stated that the claimant suffered injuries because of his own fault Almost, similar is the reply of the third respondent, although, he has admitted that he was driving the vehicle on that day at the relevant time.

(3.) THE present appeal has been filed by the claimant for the enhancement of compensation amount on various grounds, namely, that he had remained under plaster for nearly one year, remained in the hospitals for four-and-a-half months with severe injuries. It is also case of the claimant that there has been shortening of his leg by one inch, besides, stiffening in the ankle-joint. The accident caused multiple compound fracture in the fabula and tibia in the left-leg and the claimant had to be carried to Post Graduate Institute Chandigarh from Civil Hospital, Kulu. He was unable to move about and required attendant's services. The award with respect to pains and suffering is unreasonably low and the claimant has to be paid for the loss of salary for one year from the date of accident and attendant's and conveyance charges from Kulu to Chandigarh which have been wrongly disallowed by the Motor Accident Claims Tribunal. Costs of the petition and interest at the rate of 12% from the date of application till payment, have also been claimed in addition to loss in business.