HABIBNUR KHAN Vs. GOVIND SINGH

JUDGEMENT

(1.) This is claimants' appeal under section 173 of Motor Vehicles Act, 1988 against the award dated 15.5.1996 made by the Motor Accidents Claims Tribunal, Dungarpur ('the Tribunal') in Claim Case No. 169 of 1993 and arises on the facts and in the circumstances narrated hereinafter.

(2.) One Habibnur Khan, aged about 38 years, took ticket No. 49104 for travelling to Ahmedabad from Udaipur, boarded a bus of Rajasthan State Road Transport Corporation ('the Corporation'), bearing registration No. RJ 14-P 2084 on 14.5.93 at 11 p.m. and occupied seat No. 43. In the night intervening 14/15.5.1993, the bus capsized near Khajuri at National Highway No. 8 between Bichchhiwara and Ratanpur and several persons including Habibnur Khan sustained injuries.

(3.) Habibnur Khan filed a claim application against Govind Singh, driver of the bus and the Corporation, its owner on 2.12.1993 before Tribunal with an application under section 5 of the Limitation Act stating, inter alia that the injuries sustained by him were fracture of his backbone leading to paraplegia and he was condemned to bed for the whole of his life and sought compensation to the tune of Rs. 11,44,000. The claimant averred for quantification of compensation that he was 38 years of age and was engaged with Lamba Gram Seva Sahakari Samiti Ltd. as Manager, getting a salary of Rs. 1,605 per month; because of the injuries sustained in the accident, his backbone was fractured and entire lower part of his body has been paralysed. He was admitted to Himmat Nagar Hospital after the accident and then sent to Ahmedabad Civil Hospital where he was treated from 15.5.93 to 30.8.1993; he was unable to get out of the bed; has to remain confined to the bed only and he has become a liability on the family and has been reduced to a living corpse. The applicant pointed out that his family including his wife, four minor sons and a minor daughter and old parents, all were dependent on his income and he was rendered unfit to do any job. Amount for compensation was stated on different heads of the loss of salary, loss of future income, special diets, attendants, pain and suffering, loss of marital life and destruction of the amenities of life.