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1981 Supreme(Guj) 27

Gujarat High Court
Judgename :P.D.DESAI, S.B.MAJMUDAR
A.S.RAJARA @ RAJA VAMSHYAM - Appellant
Versus
JOITARAM RAWABHAI PATEL - Respondent
CRIMINAL APPEAL 1641 of 1979
Decided On : 02/06/1981

Advocates Appeared: MOHIT S.SHAH, S.B.VAKIL

Headnote:Evidence Act, 1872-Sec. 3-Accident reducing prospects of married life.

       The accident had reduced him to a miserable state with no prospect of a married life. He would have to live a socially isolated life with no chance of pregnency. It is pertinent to note that if the grievance about impotent was a pure after- thought on the part of the claimant, he would never have complained, about the same to the doctor in October, 1978, who would have in all probablities, on clinical examination varified the truth of the said complaint.

S. B. MAJMUDAR, J.

( 1 ) AT the outset we may refer to a few relevant facts which have resulted in the present proceedings. On 7-8-1977 the appellant-claimant while going on his cycle towards Chhani road on the outskirts of the city of Baroda met with a serious vehicular accident when a motor-truck belonging to respondent No. 2 and driven by respondent No. 1 who has been deleted from the record of this appeal subsequently as he could not be served with the notice of this appeal came from behind and dashed with and knocked down the appellantclaimant and practically ran over him. The appellant was knocked down and was severely injured as he was crushed by the front left wheel of the truck. The accident left him with severe injuries including rupture of urethra. We will have an occasion to refer in details to the injuries suffered by the claimant in the later part of this judgment. At present it is sufficient to note that even though the claimant survived after the accident his life became miserable and he was reduced to a very unhappy and miserable state of physical existence. At the time of the accident the appellant-claimant was aged 26 years and unmarried. He claimed a total compensation of Rs. 1 0 0 in the motor accident claims petition.

( 2 ) IN order to appreciate the real nature of controversy between the parties centering round the question of an award of proper damages to the injured claimant it would be necessary for us to high-light the relevant facts which emerge on the record of this case.

( 3 ) (I) Bio-data of the appellant :- The appellant-claimant was aged 26 years at the time when he met with the accident in the evening of 7 As revealed by his oral evidence at ex. 87 he was first hit against his right hand by the truck which came from behind. He fell on the left of the front wheel of the truck and his abdomen was crushed by the front wheel of the truck and he become unconscious. As disposed to by the appellant-claimant he bad passed diploma course in automobile engineering. Before that he had studied upto pre-university. He was unmarried. At the time of the accident he was working with Mukund Iron and Steel Works from 1-6-1977 and was getting Rs. 300. 00 per month. His employer removed him from service due to his long absence from duty due to the accident in question. (II) Physical condition of the claimant after the accident: and medical treatment undergone by the claimant:

( 4 ) AS revealed from the oral evidence of the claimant himself who was examined at ex. 87 before the Tribunal. after he was run over by the offending truck he became unconscious. He was admitted to S. S. G. hospital Baroda. He was operated upon and given 10 to 12 bottles of blood when he was admitted to S. S. G. hospital Baroda on the date of the accident i. e. 7-8-1977. He was clinically examined by Dr. Govind Narayan Shukla who was working as Associate Professor in Surgery and was attached to S. S G. hospital and medical college Baroda. Dr. Shukla has been examined at e. x. 77. He found the following injuries on the claimant and for that he issued certificate of injuries at ex. 63. The said certificate revealed the injuries suffered by the claimant on account of the accident. They were noted as under:1 Abrided contusion on right side of abdomen with friction burns. 2 Abrided contusion of 12 x 6 on anterior part of right thigh and in inguinal region. 3 C. L. W. of 3 x 1 at anterior aspect of right thigh at upper third just near injury No. 2. 4 Abrasion of 1 x 1 size above right eye brow at fore-head. 5 C. L. W. of 12 x 1 size at right hand on dorsal aspect just near the thumb. 6 Multiple abrasions on dorsum of right hand. 7 Contusion and heamatoma on lateral aspect of right thigh near hip joint and pelvis and inability was more on both lower extremities. The certificate at ex 63 further reveals that exploratory and leparatomy was done on 7-8-1977. A retroperitimal heamatoma was found along with pubis right side and rupture of urethra. Railr





















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