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1989 Supreme(P&H) 944
PUNJAB & HARYANA HIGH COURT
M.S.Liberhan, J.
Haryana State Through Secretary Transport
Versus
Sudesh Raizada
First Appeal from the Order No. 443 of 1986,
Decided On : NOVEMBER 29, 1989
The court laid down the principles for assessing compensation in motor accident cases. The court held that the compensation should be fair and reasonable and should take into account the pecuniary and non-pecuniary losses suffered by the claimants.
Headnote:
MOTOR ACCIDENT - COMPENSATION - ASSESSMENT - PRINCIPLES - INJURIES RESULTING IN PERMANENT DISABILITY AND LOSS OF AMENITIES OF LIFE - AWARD OF COMPENSATION - FACTORS TO BE CONSIDERED - CONVENTIONAL BASIS FOR ASSESSING DAMAGES - PECUNIARY AND NON-PECUNIARY LOSSES - PAIN AND SUFFERING - DISABILITY - MEDICAL EXPENSES - SPECIAL DIET - ATTENDANT EXPENSES - LOSS OF EARNINGS - LOSS OF FAMILY SERVICES - INTEREST ON COMPENSATION.
Fact of the Case:
The claimants were injured in a car accident caused by the rash and negligent driving of a Haryana Roadways bus. The Motor Accident Claims Tribunal awarded compensation to the claimants, which was challenged by the State in appeals. The claimants also challenged the quantum of compensation awarded by the Tribunal.
Finding of the Court:
The court upheld the findings of the Tribunal that the accident was caused by the rash and negligent driving of the bus driver. The court also held that the compensation awarded by the Tribunal was inadequate and enhanced the compensation in all the cases.
Issues: 1. Whether the accident was caused by the rash and negligent driving of the bus driver? 2. Whether the compensation awarded by the Tribunal was adequate?
Ratio Decidendi: 1. The court held that the findings of the Tribunal that the accident was caused by the rash and negligent driving of the bus driver were supported by the evidence and were not challenged by the State. 2. The court held that the compensation awarded by the Tribunal was inadequate and enhanced the compensation in all the cases. The court took into consideration the nature and extent of the injuries suffered by the claimants, the pain and suffering undergone by them, the loss of amenities of life, the medical expenses incurred, the loss of earnings, and the loss of family services. The court also took into account the rising costs and the non-availability of attendants.
Final Decision: The appeals filed by the State were dismissed. The compensation awarded by the Tribunal was enhanced in all the cases.
M. S. Liberhan, J.
1. This judgment of mine will dispose of F. A. O Nos 443, 445, 589 and 590, all of 1986, as the same arise out of an order, dated January 31, 1986, of the Motor Accident Claims Tribunal, Kurukshetra.
2. The facts giving rise to these appeals may be stated, in brief, thus : AH the claimants were injured in an accident which took place on April 3, 1985 involving car bearing No DET 9118 (in which the claimants were travelling) and Haryana Roadways Bus No. HYX 2428 on Grand Trunk Road.3 Charter of claim was that the car was owned by Ram Parkash Gupta, respondent No 2. It left Delhi, for Chandigarh with Deepak Gupta driving Haryana Roadways Bus No.2428 oriven by Tarsem Lal Driver, came from the opposite direction and struck against the car on the Grand Trunk Road near Shahbad. Thus the accident was caused on account of rash and negligent driving of the bus.4 The Tribunal in MACT No.43/85 titled as Deepak Gupta V/s. Tarsem Lal vide award, dated January 31,1986 found, that the accident took place due to rash and negligent driving of respondent No.5- Tarsem Lal Driver of Haryana Roadways Bus No. HYX 2428 in claim Petition by Deepak Gupta and awarded about Rs.54, 000/- to Deepak Gupta. The award was accepted by the State as it was never challenged. It became final between the parties and so became the findings recorded therein. , 5. Present appeals arise out of an award given in favour of other claimants injured in the same accident.6. In Claim Petition (MACT No.41 of 1985) filed before the Motor Accident Claims Tribunal, Kurukshetra, Sudesh Raizada wife of V. P. Raizada, claimed Rupees Five Lacs as compensation for the Injuries suffered by her under various heads. The Tribunal awarded to her compensation to the tune of Rs.50,000/- on account of permanent disability of 75 per cent and loss of enjoyment and amenities of life, a sum of Rs.20,000/- on acconnt of pain and sufferings, Rs.10,000/- for medical expenses, Rs.5,000/- on account of special diet, Rs.4,500/-as hospital expenses for having remained admitted as indoor patient in a private ward for two months, Rs.57,000/- for expenses of, an attendant as the claimant was allowed to have the services of the attendant for a period of sixteen years; and Rs.5,000/- were awarded to the claimant for being not in a position to render services to her hushand and children. Thus, in total Rs.1,52,00/- were awarded to Sudesh Raizada.7. Sandeep Kumar after retierating the facts stated by (he above claimant, claimed in MACT No 42/85 Rupees Two Lacs under various heads for the injuries suffered by him. The Tribunal awarded to him Rs.24000/- as the compensation under the following heads : (a) pain and suffering : Rs.15,000 (b) expenses incurred : Rs.7,000 on medication (c) P. G. I. Charges : Rounded off to Rs.1,000 (d) special diet : Rs.1,000 8. Similarly, Jyotsna Bawa in her Claim Petition (MACT No.40/85), alleging the negligence of the Bus Driver cf Haryana Roadways Bus No HYX 2428 involved in the accident with Car No DET 9118, claimed Rupees Three Lacs on account of various injuries suffered by her under various heads. The Tribunal awarded to her a total amount of Rs.1,26 350/- as the compensation under the fallowing heads : (a) pain and suffering : Rs.15,000 (b) 65 per cent disability : Rs.30,000 (c) Miscarriage : Rs.5,000 (d) loss in pay having remained on leave without pay, : Rs.12,000 (e) loss in income on retirement : Rs.8,750 (f) purchase of present and future medicines : Rs.15,000 (g) keeping permanent attendant : Rs.15,000 (h) conveyance for using Scooter-Rickshaw instead of Bus : Rs, 15.000 (i) special diet : Rs 5,000 (j) not being able to serve her husband and children properly : Rs.5,000 9. The findings of rash and negligent driving by Tarsem Lal Driver of Haryana Roadways Bus No. HYX 2428 and causing accident were accepted by the State by not challenging the award in appeal. Since no appeal was preferred challenging the award, the State, having accepted rash
