NATIONAL INSURANCE COMPANY Vs. KEDAR PRASAD YADAV

JUDGEMENT

(1.) The award granted in Claim Case No. 104/90 by judgment dated 9.3.1994 by the 1st Additional Claims Tribunal, Hazaribagh has been assailed in this appeal by the Insurance Company as mentioned above.

(2.) The claimant, Kedar Prasad yadav was a Khalashi-cum-spare driver in the Mini bus Tata-407 No. BR-13(1) 2223 under the joint owners, O.P. Nos. 1 and 2. on 3.1.1990 at about 5 A.M. the said vehicle was coming from Kodarama Railway Station to Hazaribagh and the claimant was travelling in the said bus in course of his employment. It is alleged that the vehicle was running in a very high and excessive speed and due to rash and negligent driving, when the vehicle reached near Homeguard training camp, few miles north of Hazaribagh, it went to the extreme right side of the road and dashed against a tree as a result of which the driver and the several passengers of the bus died at the spot and some in hospital and the claimant also received severe injuries on his person. It has further been claimed that the claimant was treated in hospital till 15.8.1990 and he has become out of his service. Due to the permanent disability to the extent of 50 per cent because of the injuries caused on his person, his right hand has become inoperative due to non functioning of some nerves, veins and muscles which were crushed due to the injuries caused on his person. The claimant on recovery to some extent filed the claim case and the damages were claimed in the following manner: Pecuniary damages i.e. special damage: (I) Cost of Medical treatment : Rs. 6,000/- (ii) Pst cost of attendance : Rs. 3.000/- (iii) Special diet and increased living expenses : Rs. 3,000/- (iv) Transport cost to and from Hospital, Home and doctor : Rs. 2,000/- (v) Loss of earning upto 31st August, 1990 @ Rs. 2,000/- : Rs. 16,000/- (vi) Further pecuniary loss (since the doctor has advised the claimant to give rest to hands and body for another one year) : Rs. 24,000/- Non Pecuniary (General damages) (i) Compensatory physical pain and suffering : Rs. 1,00,000/- (ii) Compensation for meantal shock and depression :Rs. 25,000/- (iii) Loss of future earning capacity 50% for another ten year : Rs. 1,20,000/-

(3.) It has further been claimed that although the claimant has a driving licence but due to disability on his right arm, he is unable to get a job of a driver or any other work as by the right hand he is unable to carry any work.