Billu Ram vs Nirmal Singh and Others

Sarojnei Saksena, J.—Appellant''s counsel submits that the claimant is a carpenter by profession. In this accident, he has lost his right leg. He was earning Rs. 2500/- per month and he has to support his wife and two children. Learned Claims Tribunal has held that the claimant-appellant has suffered injuries as a result of rash and negligent driving of bus No. HYE- 9203, which was being driven by respondent No. 1. This bus was insured by respondent No. 4. After the accident, the claimant-appellant was hospitalised also. He produced discharge slip Exhibit P-1. The learned Tribunal has wrongly held that from this discharge slip, the period for his hospitalisation cannot be held to be proved. The learned Tribunal relying on Devram Vs. The Divisional Controller, Maharashtra State Road Transport Corporation, , held that on account of amputation of a leg the petitioner is entitled to get Rs. 75,000/- only. He submits that considering the facts of the case and the disability suffered by the claimant-appellant, the Claims Tribunal ought to have granted at least one lac as compensation to the claimant.

Respondent''s learned counsel supported the Tribunal''s award and contended that just compensation has been awarded to the claimant.

It is not disputed that the claimant-appellant is a carpenter. Thus, he is a skilled labourer. At the time of the accident, he was in fifties. He was earning about Rs. 2500/- and was supporting his family consisting of his wife and two children. The record of the lower Court is burnt in the accident of fire which took place in the High Court on 5.1.1996. Mr. Merchea rightly contended that from the discharge slip Exhibit P-1, the claimant-appellant had proved his period of hospitalisation. It is common sense that if one patient is admitted in hospital for amputation of his leg, he is required to spent huge amount not only on his treatment but also on incidental expenses and on attendants also.

In my considered view, it will meet the ends of justice if the amount of compensation is enhanced by Rs. 12,000/- more. Accordingly, the appeal is allowed. The claimant-appellant is entitled to recover Rs. 87,000/- (inclusive of the amount awarded on account of no fault liability) from all the respondents jointly and severally. The claimant-appellant is also entitled to recover interest at the rate of Rs. 12 per cent per annum on the aforesaid amount from the data of the petition. Parties are directed to bear their own costs.