RSRTC Vs. DAYA LAL

JUDGEMENT

(1.) THIS appeal has been filed by RSRTC against the award dated 29/4/98 challenging the quantum of compensation of Rs. 90,000/-awarded to the respondent claimant Daya Lal on account of injury suffered by him in an accident which took place on 16/5/1995 when he was going as pillion rider on the motor cycle no. RJJ-1909 from village Decha to Sagwada and the bus no. RJ-03-P-0300 belonging to appellant RSRTC coming from opposite direction hit the motor cycle. In the said accident, the claimant suffered injuries in the nature of four fractures of right leg lower portion, left hand radius bone, and right leg hip bone. He also suffered injuries on right shoulder and back bone. The claimant claimed that he was serving in Kuwait and had to remain in hospital from 16/12/1995 to 3/2/1996 and in Kuwait for the period 20/3/1996 to 5/2/1997. The compensation of Rs. 35 lacs was claimed in the claim petition filed by the claimant. However, the learned Tribunal deciding the issue no. 3 found that the evidence produced in the form of medical treatment bills justifies the reimbursement of medical expenses to the extent of Rs. 30,000/- and no evidence regarding his employer in Kuwait had spent Rs. 2 lacs on his treatment was led nor any evidence was brought before the tribunal that a sum of Rs. 40,000/- was spent on travelling to ahmedabad along with his brother and Rs. 50,000/- for food etc. It was further found that there was no evidence on record that he was working as labour in goldsmith's shop in Kuwait and his monthly salary was 100 Dinars equivalent to Rs. 10,000/- at that time. In view of the nature of injuries given in the injury report Ex-4, the Tribunal agreed with the claimant about the nature of injuries, however in the absence of sufficient details and evidence of expenses actually incurred by him on his treatment, the Tribunal allowed the compensation under four different heads and a total compensation of rs. 90,000/- was granted.

(2.) THIS Court while admitting the present appeal, by stay order dated 22/10/98 stayed the operation of the impugned award to the extent of 50% of compensation and the said interim relief was confirmed by this Court on 5/5/99.

(3.) LEARNED counsel for the RSRTC submitted that even though there was no concrete evidence before the learned Tribunal for the medical expenses incurred by the injured, the learned Tribunal has awarded Rs. 30,000/- towards medical expenses, Rs. 20,000/- against physical and mental harassment, Rs. 20,000/- for the expenses incurred during hospitalization and Rs. 20,000/- under the head `misc. expenses and loss' etc. and, thus, he submitted that Rs. 40,000/- has been awarded by the learned Tribunal without any cogent reason. He further submitted that the total medical expenses would be approximately Rs. 30,000/- and, therefore, no valid exception can be taken to the same. He has, therefore, prayed that compensation to the tune of Rs. 50,000/- would have been just in the facts and circumstances of the case.