SHIRISH BATRA Vs. PAL TRANSPORT COMPANY

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 18.3.1998 passed by the learned Motor Accidents Claims Tribunal (II), Solan District at Solan in M.A.C. Petition No. 15-NS/2 of 1993. Even though this appeal has been filed at the instance of two appellants, namely, Shirish Batra, minor through his father Sharat Batra and Sharat Batra himself, Mr. Deepak Gupta, learned counsel appearing for the appellants has submitted and stated before me that the appeal insofar as it relates to the appellant No. 2 Sharat Batra may be treated as not pressed and rightly so because admittedly, in view of the explicit legal position as contained in section 166 of Motor Vehicles Act, 1988, a claim petition before the Tribunal is maintainable only by or at the instance of the person injured in the accident and not by a third party. Through the medium of this appeal, appellant Shirish Batra seeks the enhancement of the compensation awarded by the Tribunal in the judgment under challenge in this appeal.

(2.) Brief facts leading to the filing of this appeal are that the appellant Shirish Batra was injured in a motor accident on 16.5.1993 at Chail, Tehsil Kandaghat in Solan District while, being a student of 8th class of Manav Bharti India International School, Panchsheel Park (South), New Delhi, he along with his classmates, other students of the school and teachers had gone to Chail on a visit. At about 1.15 p.m. on 16.5.1993 while Shirish Batra, appellant along with two other students was sitting on a parapet (on the roadside) near P.W.D. Rest House, Chail, bus bearing registration No. CH 01-9083 coming from Shimla side ran over all the three children, who suffered various grievous injuries. Since in this appeal, I am concerned only with Shirish Batra, appellant, it is to be noticed that he was immediately removed to Civil Hospital, Chail for treatment and from there, since his condition was critical he was referred to Indira Gandhi Medical College and Hospital, Shimla (I.G.M.C.) for further treatment but since even in I.G.M.C. the desired and required treatment could not be provided, he was referred to P.G.I., Chandigarh where the doctors diagnosed that he had a head injury with fracture of frontal bone and fracture of ethmoid. The doctors also diagnosed that he had diffuse brain oedema. Even though the appellant was discharged from P.G.I., Chandigarh on 23.5.1993 and he went to his home at Delhi, on 26.5.1993 he started having watery discharge from the right nostril of his nose and became febrile. He was admitted in the Mool Chand Khareti Ram Hospital in New Delhi ('M.C.K.R. Hospital' for short) on 29.5.1993. The CT Scan done on 31.5.1993 showed multiple fracture of orbital roof frontal bone ethmoid. It also showed linear fracture of right parietal region and fracture on the base of skull, on its left side. From M.C.K.R. Hospital, he was discharged on 10.6.1993 but was again admitted on 5.7.1993 and discharged on 24.7.1993. At the time of the filing of the claim petition, appellant continued to be under treatment and it was averred that he was likely to continue under medical treatment for a long time. Following four issues were framed for trial by the Tribunal:

(3.) Since in this appeal, I am concerned only with the issue relating to enhancement of the compensation awarded by the Tribunal, the issue No. 2 alone is relevant for consideration and examination in this appeal.