NEW INDIA ASSURANCE COMPANY LTD. Vs. JASWINDER SINGH

JUDGEMENT

(1.) THIS letters patent appeal has been preferred against the order and judgment dated 15.12.1997 passed by the learned Single Judge in Miscellaneous Appeal No. 467/91 (R) arising out of Compensation Case No. 32/1986 of Motor Vehicle Accident Claims Tribunal -cum -2nd Addl. District Judge, Jamshedpur, enhancing the amount of compensation from Rs. 27,000/ - to Rs. 2,00000/ - to be paid with interest at the rate of 12% per annum from the date of application of the claimant by the opposite party -respondent -appellant. The New India Assurance Company Limited.

(2.) THE claimant -appellant -respondent, Jaswinder Singh, was practising for national level cyclist and sports -man along with other sports -men on 29.4.1986 at about 5.30 a.m. when he had reached near Sonari Circuit House, Link Road, an Ambassador car bearing registration No. WBC -2185 came from opposite direction, which was being driven rashly and negligently and even without blowing horn or giving light signal, dashed against the claimant as a result of which he was severally injured and sustained compound fracture injury on his left leg besides other injuries. The claimant -appellant -respondent was aged about 16 years. He was taken to Tata Main Hospital for treatment where he was operated upon and was under treatment for about 8 months. He was discharged sometime in the month of December 1986. Due to the accident, the claimant, thus, became permanently disabled. He filed claim petition for Rs. 4,00000/ - as compensation on the ground that his whole career as an athlete has been ruined.

(3.) BEING not satisfied with the said meagre amount of compensation of Rs. 27,000/ -, Jaswinder Singh, applicant -respondent -appellant, filed miscellaneous appeal bearing No. 467/1991 (R). The learned Single Judge by order dated 15.12.1997 considered the future prospect of the claimant coupled with mental agony and physical pain suffered by him. The evidence of Doctor of Tata Main Hospital, Jamshedpur also proved that the claimant remained in hospital for about seven months and numerous operations were performed on his fractured, leg. The claimant suffered compound fracture of middle third of tibia and fibula with extensive cut. Since the claimant had adopted his career as an athlete and as per evidence of the Doctor, AW -4, he became totally incapable to become an athlete and thus his whole career was ruined. Considering the evidence, the learned Single Judge held that the career which was adopted by the claimant in his prime age, was completely ruined. His father, AW -5 was also an eminent sportsman and he was a recipient of Arjuna Award and was also national coach of the national cyclist. Hence the learned Single Judge opined that it was not unusual for the claimant to adopt his career as an athlete. Considering all these facts and circumstances in which the claimant suffered pain and mental agony and became disabled at the prime age of 16 years who has now become idle. Hence the compensation awarded by the learned Motor Vehicle Accident Claims Tribunal was enhanced from Rs. 27,000/ - to Rs. 2,00000/ - with interest at the rate of 12% per annum from the date of application of the claimant.