(1.) This is an appeal under Section 110-D of the Motor Vehicles Act against an award made by the Claims Tribunal Purnea, dated the 11th of February, 1967.
(2.) It appears that respondent No. 1 was going in hie Fiat Car, and there was a collision between his car and a truck which was coming from the opposite direction. The truck aforesaid belonged to one Balobind Lohia and was being driven by Yadunath Sao. As a result of the collision the car of respondent No. 1 was badly damaged and further he himself received injuries and remained in hospital for sometime and even thereafter under the treatment of the Civil Surgeon of Araria. On account of this, he filed a claim petition before the Tribunal aforesaid claiming a sum of Rs. 31610/- from the respondents by way of special and general damages. The Tribunal allowed a sum of Rs. 4340/- only as compensation and directed the payment of the amount aforesaid by the appellant Insurance Company. Hence this appeal.
(3.) The Claims Tribunal came to the conclusion that the accident was as a result of the rash and negligent driving by the driver and the applicant before it was not at fault. It, therefore, found that the applicant was entitled to claim compensation. In respect of the quantum, however, it disallowed most of the items of claim but allowed the claim in respect of certain other items either in full or by reducing the amount claimed. One of the items which is relevant for the purpose of the present appeal is the claim against shock, anxiety and mental agony, and the claim was for a sum of Rs. 20,000/- in this respect. The amount was found by the Tribunal to be exorbitant, and it was allowed after reducing it to a sum of Rs. 4000/-. It may be mentioned that the applicant has further claimed damages on account of grievous hurt and physical inability assessing the amount at a sum of Rs. 5000/- and further damages on account of permanent scar marks on the body assessed at Rupees 2000/-. Both these claims were disallowed in view of the fact that the claim for shock, anxiety and mental agony had been allowed.