Point of Law: Claimant is deprived of his marital bliss and other amenities. The claimant is therefore entitled for compensation under the head loss of amenities

JUDGMENT :

M.G.S. Kamal, J.

Legality or otherwise of the Judgment & Order dated 17th July 2014, passed in MVC No.1567/2008 by the Presiding Officer, Fast Track Court-I & Addl. MACT, Belagavi, whereby the claim petition filed under Section 166 of the M.V. Act, 1994 by the claimant, a sergeant in the Indian Air Force, who is paralyzed below the waist due to grievous injuries suffered in a road traffic accident rendering him 100% disabled and unfit to serve the Indian Air Force, has been dismissed merely on the ground of he not having personally filed the complaint against the driver of the offending vehicle is put in issue in this appeal.

BRIEF FACTS :

2. The facts leading upto filing of the present appeal briefly stated are that on 03.02.2007 at about 17:45 hours the claimant was proceeding to Belagavi on his motorcycle bearing registration No.MP20/KH1859. At that time driver of a passenger tempo bearing registration No.KA22/C1266 driving the same in high speed overtook the motorcycle of the claimant and thereafter turned the vehicle on to the left side of the road without any indication or signal and suddenly applied brake and abruptly stopped the vehicle to pickup passengers. As a result, the claimant could not stop his motorcycle immediately, though he tried his best and eventually dashed into rear left side corner of the aforesaid passenger tempo. Due to the impact, the claimant sustained grievous injuries and was admitted to the Military Hospital, Belagavi. Thereafter, he was shifted to Military Hospital at Khadaki, Poona. He also took treatment in private hospitals and spent huge amount towards medical treatment. The lower part of the body of the claimant has become totally paralyzed confining him to a wheel chair.

CLAIM PETITION:

3. Thereupon the claimant filed a claim petition under Section 166 of the M.V. Act claiming compensation in a sum of Rs.42,00,000/- with interest at 18% p.a. from the date of accident contending inter alia that he was aged about 34 years, highly qualified with M.Sc. Physics and MBA, serving as a Sergeant, discharging functions of Education Instructor under Medical Category A and Group X in Indian Air Force, Government of India. That at the time of accident, the claimant was earning Rs.1,30,224/- per annum from salary (excluding the revised scale with effect from 01.01.2006); that due to the accident he suffered grievous injuries such as (i) fracture of Thoraco Limber Spine; (ii) fracture of Lower end Radius (RT); and (iii) Superficial abrasion on face and other multiple injuries all over the body. That after the accident, he fell unconscious and was shifted to Military Hospital, Sambra and thereafter to Military Hospital, Poona and had undergone several operations and spent more than Rs.1,75,000/- towards treatment. That due to the aforesaid accident which was caused on account of the rash and negligent driving of the passenger tempo by its driver, the claimant has suffered permanent disability of 100%. That he has been discharged from his services as being unfit to serve the Force. That the lower part of the body has become totally paralyzed from the waist and he is being moved only on the wheel chair. The movement of other parts of the body have also become limited and restricted, because of which he is unable to either have his food himself or to attend his nature calls. That he requires attendant permanently to assist and look after his day to day needs like giving him bath, feeding him, look after his nature calls, dressing him up etc., that he is not in a position to enjoy his marital life permanently. His desire of bringing up his family and children has completely become extinct. Hence, sought for compensation.

OBJECTION STATEMENTS OF RESPONDENT NOS.1 & 2:

4. On service of notice, respondents appeared through their counsel and filed their respective statement of objections. Respondent No.1