High Court Of Madhya Pradesh
B. A. KHAN, SHAMBHOO SINGH
MADHYA PRADESH STATE ROAD TRANS.CORPN. - Appellant
Versus
PRIYANK - Respondents
M. A. 209 Of 1998
Decided On : 01/13/1999
MOTOR ACCIDENT - COMPENSATION - REDUCTION - INJURY TO PELVIS BONE - TREATMENT IN EXPENSIVE HOSPITALS - AMOUNT FOR MENTAL AND PHYSICAL AGONY ON LOWER SIDE - AMOUNT FOR PHYSICAL DISABILITY AND FUTURE LOSS ON HIGHER SIDE - COMPENSATION REDUCED.
Fact of the Case:
The claimant sustained injuries in a bus accident due to the rash and negligent driving of the driver. He suffered a fracture of the hip bone and underwent multiple surgeries. He claimed compensation for medical expenses, physical disability, mental and physical agony, loss of study, and loss of income.
Finding of the Court:
The court found that the claimant had spent Rs. 1,01,449 on his treatment and that the amount granted for mental and physical agony was on the lower side. However, the court held that the amount of Rs. 1,22,400 granted for physical disability and future loss was on the higher side.
Issues: Whether the amount of compensation awarded by the Tribunal was excessive.
Ratio Decidendi: The court held that the amount of compensation awarded by the Tribunal was excessive. The court reduced the amount awarded for physical disability and future loss from Rs. 1,22,400 to Rs. 50,000. The court also held that the amount awarded for medical expenses, travelling expenses, special diet, loss of study, and loss of income was reasonable.
Final Decision: The court partly allowed the appeal and modified the impugned award by reducing the compensation amount from Rs. 2,74,905 to Rs. 2,02,500.
( 1 ) THE owner M. P. S. R. T. C. has filed this appeal for reduction of compensation amount awarded to the claimant by additional Motor Accidents Claims Tribunal, Barwaha, in Claim Case No. 11 of 1994 passed on 28. 11. 1997 whereby compensation of Rs. 2,74,905 was awarded.
( 2 ) THE claimant's case was that on 16. 8. 1993, he boarded bus No. MBH 843 belonging to M. P. S. R. T. C. and driven'by non-applicant No. 2 at Barwaha. When this bus stopped at Sanawad for payment of octroi, claimant also alighted from it. When the conductor came after paying octroi and the claimant was boarding the bus, the driver all of a sudden moved the bus. The gate of this bus dashed against the back portion of other bus which was standing nearby and the claimant fell down from the bus and sustained injuries on his head, finger and pelvis. He was taken to Sanawad Hospital and from there he was shifted to Gokuldas Nursing Home, indore and thereafter to Bombay. It was revealed that he had comminuted fracture of the supra acetabulum ileum and anterior rim of acetabulum with posteriomedial rotation of fracture fragment and minimal lateral subluxation of femoral head on left side. His pelvis bone was operated. He had to undergo three-four operations of urethra at Bombay. He was required to go to Bombay 15-16 times for treatment. He sustained 30 per cent permanent disability of left leg. He will be required to take treatment in future also. He filed claim case seeking compensation of Rs. 4,00,000. The appellants resisted the claim and, inter alia, pleaded that the accident occurred due to negligence of the claimant himself. The tribunal after appreciation of evidence held that the accident occurred due to rash and negligent driving of the offending vehicle by non-applicant No. 2 and awarded compensation of Rs. 2,74,905 as under:
( 3 ) MR. Kemkar, learned counsel for the appellants, submitted that the amount of compensation awarded by the Tribunal is on higher side. This court is awarding rs. 60,000, Rs. 70,000 in leg amputation cases, therefore, the amount be reduced. On the other hand, Mr. Dave, the learned counsel for the respondent-claimant, has supported the award.
( 4 ) WE considered the arguments advanced by counsel for both sides and perused the record. From the evidence of priyank, CW 3, his father Dr. Mehendra kumar Jain, CW 4 and Dr. T. S. Sodi, CW 1, it is clear that the claimant suffered fracture of hip bone in accident. He was treated at Sanawad and thereafter, he was taken to Gokuldas Nursing Home where dr. Bandi treated him. Urine was passed by supra pubic catheter. Seeing complications, the claimant was taken to Bombay where Dr. N. K. Lad, the Orthopaedic Surgeon found multiple pelvic fracture with left acetabulum fracture and operated the same on 30. 8. 1993 at Sushrusha Hospital, bombay. Internal screw plate fixation of left acetabulum was done and claimant was discharged on 26. 9. 1993. There was urinary track infection, therefore, he was referred to Dr. O. K. Tilak, the Urologist who operated on 26. 10. 1993 in Charak nursing Home and did supra pubic dilatation. He placed supra pubic catheter for passing of urine and thereafter on 30. 11. 93 performed Badenoctis pull through operation of urethra. He also did cystoscopy on 22. 2. 1994 in P. O. Hinduja Hospital. The claimant had complaint of urine blockade, therefore, urethrogram was done by Dr. Tilak in Dhanwantri Hospital, Bombay. Again cystoscopy-fulguration was done in charak Nursing Home on 8. 6. 1994 and urethrogram on 10. 8. 1994. Dr. Lad stated that he examined the claimant on 17. 12. 93, 21. 2. 94,9. 6. 1994, 11. 8. 1994, 13. 9. 94 and 23. 11. 1994. The Tribunal considered the evidence of the claimant's witnesses and examined the cash-memos and vouchers exhs. P-110 to P-255 produced by the claimant and held that it was proved that the claimant had spent Rs. 1,01,449 on his treatment and we see no reason to disagree with the finding of the Tribunal. It is true that the
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