ALEXIS Vs. RAJASTHAN STATE ROAD TRANS

JUDGEMENT

(1.) This writ petition has been filed in which interim compensation in a motor accident claim has been prayed to be given as palliative compensation for expenses required for examining witnesses on commission in USA

(2.) Briefly stated, a motor accident took place in January, 1988, in which petitioner No. 1, who had come to India from U.S.A to participate in peace march, received serious injuries. The peace march commenced from Sabarmati Ashram (Ahmedabad) on 4.12.1987. After crossing Jaipur, when the petitioner No. 1, along with petitioner No. 2, his mother, reached near village Lakher on way to New Delhi, where the peace march was to conclude at Rajghat, bus No. RMP 897, owned by non-petitioner No. 1, was going from Jaipur towards Delhi. The accident took place at about 1.30 p.m. It is said that the bus was driven rashly and negligently at a very high speed by the driver, which hit the petitioner No. 1 from behind, due to which he fell down on the road and became unconscious. Apart from several other injuries, his skull was crushed. He entered into a stage of coma. He was admitted at S.M.S. Hospital, Jaipur, on 8.1.1988, where three major operations were performed. The non-petitioner No. 1 paid Rs. 16,411.69 on account of some expenses for treatment of petitioner No. 1. The petitioner No. 1 could not come out from the stage of coma and he was advised to be shifted to Vadilal Sarabhai Hospital, Ahmedabad, as several hands were required to help him round the clock, which could not be possible at Jaipur. He was discharged on 11.2.1988 and was shifted to Ahmedabad by aircraft under medical supervision of expert doctors and admitted at Ahmedabad, on the same day. Even after treatment of more than one month at Ahmedabad, he remained unconscious and his period of visa was also expiring, besides the hardship of funds. Therefore, doctors and his well-wishers advised petitioner No. 2 to take petitioner No. 1 to their native place in U.S.A. for better treatment, where medical science is more advanced than in India. He was shifted to U.S.A from Ahmedabad on 22.4.1988 via Bombay by aircraft under supervision of Dr. Rajesh Chavada and all arrangements of life saving equipments and medicines were made during the journey. The petitioner No. 1 regained some consciousness after about 7 months' period, after he was shifted to U.S.A and nearly ten months after the date of accident, but he has not been able to regain control over his organs and has also not regained his memory, power of reasoning and is not in a position to understand, obey the command, speak, write, sign or walk himself. He has further undergone two major operations in U.S.A. He has almost become handicapped and is still under continuous treatment of various specialists. The mother of petitioner No. 1 was working as teacher and drawing about $ 2,000 per month and now looks after petitioner No. 1 for full time with the help of two full professional nurses round the clock. Further, operations of his jaw and eye have to be performed. Therefore, petitioner No. 2 had no alternative but to leave her job of teacher for attending and looking after petitioner No. 1. The monthly expenses for his treatment, even now, are around Rs. 40,000/- per month in Indian currency. Two separate claim petitions have been filed in Motor Accidents Claims Tribunal at Jaipur for Rs. 2,02,36,000/- and Rs. 13,36,000/-. The petitioner No. 1 was working as carpenter and earning $ 2,000 per month, which is equivalent to about Rs. 28,000/- in Indian currency and was planning to study Architecture.

(3.) It is submitted by Mr. Parag Rastogi, learned counsel, that even though, in the petition, a prayer was made for grant of Rs. 11,00,000/- as an ad interim compensation on palliative ground for medical expenses on further treatment of petitioner No. 1, as all the funds of petitioner No. 2 have been completely exhausted and it is difficult to borrow further amounts from friends and well-wishers, for the present, he confines his prayer to grant of Rs. 1,00,000/- as interim compensation to meet expenses required for examining witnesses on commission in U.S.A It is submitted that summoning witnesses, including experts, medical experts and specialists, who are treating the petitioner as also certain other eye-witnesses will be very expensive and the petitioner No. 1 has no funds to bear the same. It is also pointed out by the learned counsel that Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. He, therefore, submits that the petitioner No. 1 is entitled to protect/save his life and become a normal citizen, for which he has to undergo legal procedure, which he cannot avail of in his peculiar circumstances. It is also pointed out that it will be difficult to manage such important medical experts/ specialists to come to India for giving evidence regarding the treatment and condition of the petitioner No. 1. Out of this amount, Rs. 50,000/- shall be required for meeting travelling expenses and rest of the amount for lodging and boarding and other ancillary expenses in U.S.A.