IMPORTANT POINT
In personal injury claims, the assessment of compensation must be based on direct evidence of negligence and the actual impact of injuries on the claimant's earning capacity, with due consideration for future prospects.

JUDGMENT :

RAJENDRA PRAKASH SONI, J.

1. The appellant was injured in a motor accident. The learned Tribunal awarded compensation of Rs.1,75,800/- (after deducting 50% for contributing negligence) for the injuries suffered by him with interest of 7.5% per-annum. Appellant seeks enhancement of compensation by filing the present appeal which is directed against the judgment and award dated 08.11.2005 passed by the learned Additional District & Sessions Judge (Fast Track) No.4, (MACT Cases), Jodhpur (for short the “Tribunal”) in M.A.C. Case No.931/2004.

2. The facts germane to the present appeal as noted by the learned Tribunal are as follows:-

3. That on 06.09.2000, claimant Kheraj Ram was travelling from his village to Jodhpur on his motorcycle bearing registration No.RJ-19-4M-5271. The claimant was going slowly on his correct side of the road. At about 10:30 A.M., between the Gram Sevak Training Centre and Man Singh Deora Agriculture Farm, a R.S.R.T.C. contracted bus No.RJ-13-P-2078 collided with the motorcycle of the claimant. The bus driver Ajijudin was driving the bus rashly and negligently from the opposite direction. As a result of the collision, claimant fell 15-20 feet away head-long on the road sustaining serious injuries to his head, hands, legs and other body parts, rendering him unconscious at the scene of occurrence. His brother Rajuram, who was following behind, took him to the hospital where he was admitted.

4. It is case of the appellant that initially he was admitted to the Suncity Hospital, Jodhpur and later on to some other hospitals in Jodhpur, thereafter at New Delhi and Bombay where, necessary treatment was given to him for several months. It is further his case that he suffered severe impairment to shoulder, elbow, wrist and fingers of the left hand. He is still undergoing treatment and the doctors have declared that he has suffered 42.2 permanent disabilities, in relation to the whole body.

5. Appellant further claimed that at the time of accident, he was 38 years of age and he owned two trucks, one of which he used to drive himself. Additionally, he possess 170 Bighas of agriculture land in his name with two tube-wells on it. He used to earn Rs. 10,000/- per month from truck operation and agriculture work combinedly prior to the accident. In total, appellant has claimed Rs. 44,49,605/- as compensation on account of the injuries sustained by him in the accident.

6. Written statement on behalf of the respondent No.1 was not filed despite opportunities. However, respondent Nos.2 and 3 the Rajasthan State Road Transport Corporation (in short the “R.S.R.T.C.”) and bus driver filed its written statement denying all the allegations of the appellant as well as facts mentioned therein.

7. In support of the claim petition, appellant has examined three witnesses. He examined himself as PW-1, Rajuram as PW-2, as an eye-witness of the accident and Dr. Mahendra Aaseri as PW-3, who has proved the disability certificate of the appellant. The respondent bus driver Ajijudin (DW-1) examined himself in the defence.

8. The Tribunal after hearing the parties and appreciation of evidence held that accident was caused due to rash and negligent driving of the bus driver. Considering the contributory negligence on the part of the appellant, the Tribunal apportioned the liability for the accident in the ratio of 50:50 between the driver of the bus and the appellant. It was further held that appellant is entitled to get the compensation from Respondent No. 2 and 3 the RSRTC jointly and severally with driver of the bus. The heads in which the learned Claims Tribunal awarded compensation are as follows:-