SUNIL MAHESHWARI Vs. ARJUN RAM AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and award dt. 5.03.2012 passed by the Motor Accident Claims Tribunal, Jaipur and Judge, Special Court (Communal Riots), Jaipur in MAC No. 655/2008, by which a sum of Rs. 9,48,000/ - has been awarded to the claimant -appellant under different heads. Brief facts of the case are that on 14.1.2005, the appellant (Claimant) was going by Jeep No. RJ -23 -C -2339 from Dudu towards Narena. When the Jeep reached near Maleda Puliya, a tractor No. RJ -21 -3R -9225 being driven rashly, negligently and with excessive speed by its driver came from opposite direction and hit the jeep. Due to this accident, the appellant sustained serious injuries.

(2.) LEARNED counsel for the appellant submits that at the time of accident, the claimant was 42 years of age and was posted as Casher (Sic Cashier) in Sakhun Branch of Jaipur Nagaur Anchlik Gramin Bank. At that time, his monthly salary was Rs. 17,906/ -. There was a crush injury of his right leg. He was taken to the SMS Hospital, Jaipur, where his right leg was operated and was amputated above the knee. Thereafter he was discharged from SMS Hospital, Jaipur. Then he was treated at Tongya Hospital and Santokba Durlabhji Memorial Hospital. He was also treated by the Doctors of Trauma Hospital, Dudu. During the continuation of treatment, he remained confined to bed and remained on leave for 126 days. Due to this reason, not only he suffered economic loss, but also suffered mental and physical agony also. During the prolonged treatment, about a sum of Rs. 7,00,000/ - were spent under different heads like medicines, doctors fees, hospitalization, nourishing diet, attendants and transportation. This amount includes a sum of Rs. 3,00,000/ - for artificial limb through Health Care India Otto -Bock. Thereafter he felt some problems in fitting of this artificial limb and he had to spent about Rs. 60,000/ - on its repairing. He had to visit Delhi for fixing and repairing of artificial limb on many occasions and the claimant -appellant had to incur quite a big amount on transportation and other heads for himself and for his attendant also. The concerned Doctors suggested the cost of artificial limb to be Rs. 13,06,000/ -, although the cost of this limb has increased now. In future if he keeps the aforesaid limb, which has been fixed by the Doctors, then he has to spend Rs. 50,000/ - or 60,000/ - per year if he does not replace the aforesaid limb with another artificial limb.

(3.) IN this appeal, learned counsel Mr. Sandeep Mathur has contended that the learned Tribunal while passing the impugned award dt. 5.03.2012 has not considered the aforesaid facts, as mentioned here -in -above and the evidence produced by the appellant, has not been appreciated by the Tribunal in the judgment and award dt. 5.03.2012. The learned Tribunal while deciding issue no 4 as a fresh has not considered the judgments delivered by Hon'ble Apex Court. The Tribunal has also not considered this fact that his right leg had been crushed in the accident and the same has been replaced by artificial limb, amounting to Rs. 13,06,000/ - and the rate of the aforesaid limb has increased right now. This is the actual expense to purchase the artificial limb. Other expenses were also incurred by the appellant in addition to that.