RAJASTHAN STATE ROAD TRANSPORT Vs. MANA DEVI

JUDGEMENT

(1.) THESE three appeals arise out of common judgment passed in S.B. Civil Misc. Appeal Nos. 271/1991, 272/1991, 232/1991 and 244/1991 filed by respective claimants whereby the learned Single Judge by his judgment dated 12.8.1996 modified the awards dated 8.4.1991 passed by Motor Accident Claims Tribunal (District Judge), Churu (hereinafter referred to as 'the Tribunal'). Aggrieved by the judgment of the learned Single Judge, Rajasthan State Road Transport Corporation (hereinafter referred to as 'the R.S.R.T.C) filed three D.B. Special Appeal (Civil) Nos. 62/1997, 64/1997 and 65/1997. The claimant Ram Gopal has filed D.B. Special Appeal (Civil) No. 72/1997 seeking enhancement of compensation.

(2.) WE have heard learned Counsels for the parties and carefully gone through the record of the case as well as the judgments passed by the Tribunal and the learned Single Judge.

(3.) SO far as quantum of compensation is concerned, the learned Single Judge has awarded compensation of Rs. 85,000/- in the case of deceased Phool Chand, Rs. 90,000/- in the case of deceased Ramesh Kumar and Rs. 1,00,000/- in the case of injured Ram Gopal. It is settled law that in appeal quantum is interfered when compensation awarded is either too low or too excessive, as the case may be. Obviously, for the death of Phool Chand, a young person aged 35 years and Ramesh Kumar aged 20 years, award of Rs. 85,000/- and Rs. 90,000/- to the respective claimants who are legal representatives of the deceased persons cannot be said to be too excessive. D.B. Special Appeal (Civil) No. 72/1997 filed by the appellant claimant Ram Gopal (for short 'the claimant'), who at the relevant time of the accident was an occupant of the jeep and due to rash and negligent driving of the R.S.R.T.C. bus by its driver respondent No. 1 Sanwal Singh sustained various injuries on his person. The claimant has placed on record the injury report Ex. 2, certificate issued by Rehabilitation Research Centre, S.M.S., Medical College Hospital, Jaipur. Ex. 3 dated 17.3.1988, which shows that the claimant Ram Gopal has suffered an amputation from above right elbow. The Medical Officer, Government Hospital, Srirnadhopur has certified that the right hand of the claimant has been amputated due to an accident. Ex. 6 of the certificate issued by S.M.S., Medical College Hospital/Jaipur shows that the claimant was admitted as an indoor patient from 11.7.1986 to 12.8.1986 in Neuro-surgical Ward. He was admitted because of head injury vide Admission No. 22722. Ex. 7 is the certificate issued by Board of Secondary Education, Rajasthan, in the year 1971 showing the date of birth of the claimant to be 1.2.1954. Ex. 8 is a certificate issued by the Branch Manager, Life Insurance Corporation of India (for short 'L.I.C.'), Sikar showing claimant's commission earning. Ex. 9 is copy of income tax return filed by the claimant. The claimant has also produced the bills for treatment expenses and the transportation charges incurred by him. Exhibits 11 to 166. From the record, it is established that the claimant Ram Gopal sustained injuries on right hand, which resulted in amputation of right hand above elbow. He has also sustained head injury resulting in numerous fractures of skull. Injuries have been on nose and other parts of the body. In all he sustained five injuries vide Ex. 2. This fact has amply been established from the statements of A.W. 3 Ram Gopal, A.W. 4 Chauthmal and A.W. 5 Dr. Rakesh Nathani, Assistant Professor, Department of Neuro-surgery, S.M.S. Hospital, Jaipur.