RAJASTHAN STATE ROAD TRANSPORT Vs. JASWANT LAL

JUDGEMENT

(1.) THIS appeal has been filed against the award of learned Motor Accident Claims Tribunal dated 5 -5 -82 whereby the learned Claims Tribunal has decreed the claim of the respondent against the appellant for a gum of Rs. 65,000/ -. Alongwith him claims of Shri Dhan Singh, Shri Raj Mohan and Sh. Jagdish Lal injured were also decreed against the appellant for a sum of Rs. 7125/ -, Rs. 2,400/ - and 5,000/ - respectively. No appeal has been filed against the awards made in favour of Shri Jaswant Lal, Raj Mohan and Dhan Singh. However, the award made in favour of Jaswant Lal has been challenged. The facts necessary to be noticed for the disposal of this appeal briefly state are : that the petitioners (claimants, were employees and officers of the Information and Broadcasting Ministry and were going for regional publicity in the Ministry's jeep No. R.S.M. 8452 from Jodhpur to Mount Abu on 23 -10 -79. At about 3.30 P.M. when they were somewhere between village Kodarla and Dhanari Bandh situated between Sirohi Road and Abu Road, Shri Bhanwar Singh who was driving the Rajasthan Road Transport Corporation's bus RSM 9452 came from the opposite side with a fast speed and collieded his bus with the jeep. As a consequence of this collusion the jeep jumped and was thrown away at some distance, upside down, and the bus also lest its way and came below the road. On account of this accident these four claimants were injured and were admitted firstly in Sirohi Hospital and later the respondent Shri Jaswant Lal was shifted to M.G. Hospital, Jodhpur where he remained indoor patient from 4 -11 -79 to 27 -12 -79. Earlier to this he was an indoor patient at Sirohi from 23 -10 -79 to 3 -11 -79. In this accident he lost the eye sight of his right eye and the sight of the left eye was also reduced by 40%. In addition to this other injuries sustained also caused him bodily pain and mental agony.

(2.) THE learned lower court after holding the trial came to the conclusion that this accident has occurred on account of the contributory negligence of the bus driver as also of the jeep driver. 25% negligence has ascribed to the jeep driver Shri Dhan Singh whereas 75% negligence has been attributed to the bus driver Sh. Bhanwar Singh. After recording this finding the learned Claims Tribunal proceeded to decide the claims of the individual claimants and has awarded different sums. For the amounts awarded in favour of the other three claimants no appeal has been preferred. However, this claimant has been awarded Rs. 20,000/ - for mental and physical agony as well as on account of the development of feeling of inferiority on account of the loss of eye sight. Rs 40,000/ - have been awarded on account of the loss of promotion chances. Rs. 20,000/ - for mental agony that has been caused. Rs. 2,000/ - have been awarded for non -performance of the All India Tour and Rs. 2,800/ - on account of medicine and for consumption of callory rich diet and Rs. 200/ - expenses incurred on account of the taxi hire. Thus in all the damages sufferred by claimants have been assessed at Rs. 65,000/ -. The claimants have been allowed the interest @ 6% from 23 -4 -80.

(3.) I , therefore, partly accept this appeal modify the award of the learned Claim Tribunal, Jodhpur and order that Shri Jaswant Lal is entitled to recover the amount of Rs. 48750/ - from the appellant (R.S.R.T.C.) as well its driver. This amount will carry interest at the rate of 6% from 23 -4 -80 as ordered by the Claims Tribunal. The appeal stands disposed of accordingly.