HAZARI SINGH Vs. SERVAR BEG AND ORS

JUDGEMENT

(1.) This appeal has been preferred by the claimant aggrieved by the Motor Accident Claims Tribunal dated 2.8.2004, which has awarded only a sum of Rs.80,000 as lump sum for the permanent disability of 100% to be sustained by the appellant in a road accident involving the truck insured with the respondent-insurance company.

(2.) Appellant was working as a Khalasi in truck no.RJ-01-G-3141. The truck was carrying certain goods from Hyderabad (Andhra Pradesh). The accident took place at a place Degloor, which is 6 kms. away from Nanded in the State of Maharashtra. Due to the negligence of the truck driver, the truck overturned and both the legs of the claimant-appellant were serious injured. The claimant thereupon filed a claim petition claiming a sum of Rs.6,47,000 as compensation.

(3.) Shri Vigyan Shah, learned counsel for the appellant has argued that the Tribunal has taken a hypothetical view of the matter and has mechanically awarded a sum of Rs.80,000, which also include a sum of Rs.14,700 for medical bills. The appellant remained hospitalised for 74 days, but nothing has been awarded for permanent loss of earning capacity. Learned counsel argued that no amount whatsoever has been awarded under the head of nutritious diet, pain and sufferings, transportation etc. The appellant sustained four grievous injuries, however, no compensation has been awarded for such injuries. The compensation has also not been awarded for the future treatment of the appellant because the kind of injury that he has sustained, he would have to suffer for whole of his life and specially for the burns in the body, he was subjected to repeated treatment. Learned counsel argued that Poonam Singh, the owner of the truck has stated that claimant suffered injuries in both his legs. His left leg had to be amputated below knee and then a rod was inserted therein. He remained hospitalised for about one and half months at Government Hospital, Jaipur and for one month at Ajmer. Learned counsel in support of his arguments relied on the judgement of Supreme Court in Sant Singh vs. Sukhdev Singh & Ors., 2011 11 SCC 632, Sr. Nagarajappa vs. The Divisional Manager, the Oriental Insurance Co. Ltd., 2011 13 SCC 323, Urviben Chiragbhai Sheth vs. Vijaybhai Shambhubhai Joranputra & Ors., 2011 12 SCC 582, Raj Kumar vs. Ajay Kumar & Anr., 2011 1 SCC 343 and Sri Ramachandrappa vs. The Manager, Royal Sundaram Alliance Insurance Company Ltd.,2011 13 SCC 263.