Jagan Nath vs State of Himachal Pradesh and Others

S.S. Sodhi, J.—The claim in appeal here is for enhanced compensation. The claimant-Jagan Nath while travelling in the Himachal Pradesh Road Transport Corporation bus HPS 3117 sustained serious injuries when this bus suddenly went off the road and overturned. This happened on August 25, 1979 at about 2.30 a.m. on the road to Rupnagar near Sas Nagar. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the bus driver. A sum of Rs. 3,000/- was awarded as compensation to the claimant-Jagan Nath.

According to PW 6 Dr. P.S. Chari, Associate Professor, Plastic Surgery at the Post Graduate Medical Institute, Chandigarh, Jagan Nath remained admitted in the hospital from August 25, 1979 to October 1, 1979. Jagan Nath had a fracture of the left arm which had left him with a permanent disability of 80 per cent. This disability pertained to the upper portion of the arm. The doctor opined that on account of this disability, it would be very difficult for the claimant to lift weights. According to the claimant PW4 Jagan Nath, he could also not ride a bicycle on this account.

The evidence on record shows that the claimant-Jagan Nath, who was about 38 years of age at the lime of the accident, was employed as a peon in the Election Office in Himachal Pradesh.

During his hospitalization in Chandigarh, Jagan Nath had his wife and other relations attending upon him. An attendant was indeed necessary to look after him during this period. Besides this, the claimant must also have incurred expenses on his medical treatment and special diet. Being a government servant, he was no doubt entitled to reimbursement, but as is well-known, such reimbursement does not cover all the expenses that a patient has to incur on his treatment. Considering the situation in which the claimant and his family were placed on account of this accident and keeping in view particularly the fact that they had to leave their home in Himachal Pradesh to come and live in Chandigarh while the claimant was admitted in the hospital here, it would be just and proper to award a sum of Rs. 5,000/-(Rs. five thousand only) on all these counts.

The claimant must also be held entitled to due compensation for the pain and suffering undergone by him on account of the injuries sustained as also the loss of amenities of life with which he now has to live for the rest of his life on account of the permanent disability to the extent of 80 per cent in the upper portion of his left arm. Considering the nature and extent of the injuries suffered and the disabilities caused thereby, the claimant must indeed be held entitled to Rs. 25,000/- (Rs. twenty-five thousand only) as general damages on these counts.

The compensation payable to the claimant is accordingly hereby enhanced to Rs. 30,000/- (Rs. thirty thousand only) which he shall be entitled to along with interest at the rate of 12 per cent per annum from the date of the application to the date of the payment of the amount awarded. The Respondents shall be jointly and severally liable for the amount awarded.

This appeal is accordingly accepted with costs Counsel''s fee Rs. 500/-.