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1997 Supreme(Raj) 1262

D.C.DALELA
Jitendra Singh – Appellant
Versus
Islam – Respondent


Advocates:
For the Appellant:Mr. K.N. Tewari, Advocate.
For the Respondent:Mr. D.K. Sharma, Advocate.

JUDGMENT

1. - Heard.

2. It is alleged that on 14.2.1992, bus No. RRM 1083, driven negligently and rashly by its driver, hit the appellant-claimant, as a result of which, his leg was amputated. He preferred a claim petition before the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur, which, after receiving the evidence and hearing both the sides, awarded a total compensation of Rs. 54,000/-. Feeling aggrieved by the amount of compensation, the appellant has preferred this appeal for its enhancement.

3. From the judgment and award of the learned Tribunal, it is evident that as a result of the accident, the left leg of the claimant-appellant was amputated and he sustained a permanent disablement of 55 per cent.

4. The learned Tribunal has awarded Rs. 4,000/- on account of pecuniary damages-the expenses which the appellant-claimant incurred on his treatment, medicines, etc. A sum of Rs. 50,000/- has been awarded on account of non-pecuniary damages for the loss of amenities of life and mental agony, pain and suffering.

5. Hon'ble Supreme Court, in the case of R.D. Hattangadi v. Pest Control (India) Pvt. Ltd. 1995 ACJ 366 (SC) , has laid down as under:

Broadly speaking, while fix









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