DEVIDASS RAO DESHMUKH Vs. RAJASTHAN STATE ROAD TRANS

JUDGEMENT

(1.) THE appellant claimant was coming to his house from the factory on foot in the evening of 28.1.1992 and when he was passing through the bridge over Amanishah drainage, bus No. RSG 6223 of R.S.R.T. Corporation came at a very high speed and hit the appellant from behind and as consequence of this accident, the appellant claimant sustained very serious and grievous injuries and his both legs had to be amputated and, thus, he has sustained 100 per cent permanent disability of the legs. He preferred a claim petition before the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur. A total compensation of Rs. 8,35,000/ - was claimed. The appellant claimant examined three witnesses in support of his claim petition, they are Devi Dass, AW 1, Govind Ram Saini, AW 2 and Dr. M.K. Mathur, AW 3. The respondent examined two witnesses who are Shiv Pal, NAW 1 and Mohammed Saddiq Qureshi, NAW 2. The bus belongs to the respondent No. 2 and it was rashly and negligently driven by the driver, respondent No. 1. After going through the evidence and hearing both the sides, the learned Tribunal awarded a total compensation of Rs. 1,75,000/ - along with interest at the rate of 12 per cent per annum. The award is dated 20.7.1994. Feeling aggrieved and dissatisfied with the quantum of compensation awarded by the learned Tribunal, the appellant claimant has preferred this appeal for the enhancement of the compensation.

(2.) I have heard the arguments of both the sides.

(3.) IN the case of Dr. Gop Ramchandani v. Onkar Singh 1993 ACJ 577 (Rajasthan) wherein there was amputation of one leg and consequent 50 per cent permanent disability, this Court has held that the amputation of leg has made the claimant dependent, changed the whole life -style and course of life of the injured and his further progress is marred and allowed Rs. 1,00,000/ - each for physical and mental agony, permanent disability and loss of social life. Rs. 10,000/ - were awarded for the medical expenses and special diet and thus, the total compensation was enhanced from Rs. 1,80,000/ - to Rs. 3,10,000/ -.