PRAMOD KUMAR SINGH Vs. SAMAR SINGH

JUDGEMENT

(1.) Heard learned Counsel for the appellant, respondent No. 2, Insurance Company and respondent Nos. 1 and 3, owner and driver of the vehicle.

(2.) The appellant, who was the claimant in the Court below, admittedly sustained injury in an accident which took place on 30th May, 1996 at 6.30 p.m. on G.T. Road near Jamuhar from vehicle bearing Truck No. B.P.M.-9695. He was an M.B.B.S. Doctor earning Rs. 3,800 per month and aged about 40 years. On account of such accident, he suffered multiple injuries resulting in permanent disfigurement of the face with slight deviation of nose. In support of the said injuries, a report of the Heritage Hospital, Varanasi was produced where he had been admitted on 31st May, 1996 after the accident on the same day and on 4th June, 1996, he was operated upon and discharged on 7th June, 1996. The injuries were said to have been repaired and it was further stated that the following permanent defects will remain: (i) multiple scarring of the face resulting in disfigurement, and (ii) slight deviation of nose will remain provided he does not undergo corrective surgery in future.

(3.) The Tribunal on a consideration of the matter came to the conclusion that nothing has been brought on the record to consider the injuries sustained by the Doctor-claimant within the category of permanent disablement but he had sustained injury and accordingly a total amount of Rs. 46,259 under different heads, like transport to the hospital, nourishment, medical expenses, test towards bio-chemistry and loss of earning during his treatment was awarded, out of which an amount of Rs. 25,000 had already been paid and the remaining amount of Rs. 21,259 was directed to be paid by the Insurance Company with interest at the rate of 6% from the date of filing of the case till payment.