Kishori Lal Kishwar vs Gurbax Singh And Ors.
1989 Latest Caselaw 241 Del

JUDGMENT

S.B. Wad, J.

1. In an accident caused by truck number MHB-3819 on 14-4-1980 to the scooter No. DLZ-8797 being driven by the appellant he was badly injured and suffered grievous injuries, deep wound left ankle and other wounds over the body. The Tribunal had awarded a sum of Rs. 7,000/- by way of compensation. The counsel for the appellant has submitted that in spite of the fact that the appellant suffered immense pain, agony--both physical and mental, remained under the treatment of hospital for a long time and also for the fact that he had suffered permanent ulcer of his left foot, the Tribunal had awarded only Rs. 7,000/-. His further submission is that the appellant was under the treatment of large number of Doctors, Government and private, and even after Tribunal's award in 1979 he remained under the treatment of various hospitals. The treatment it very expensive. The conveyance charges for going to Doctors/hospitals are also very heavy. After the injury he was suspected of gingering and was advised amputation of the leg but thereafter-effective treatment started with plastic surgery. The various hospitals, nursing homes and Doctors. Under whom the appellant had received the treatment have been stated in the award of the Tribunal. The appellant has further filed an application in this Court giving relevant evidence as to how his treatment continued. (Office to register the application and place the same on record).

2. At the time of accident the appellant was 52 years old. The compensation was awarded on the basis of a reasonable expectation of life up to 70 years He has already passed that age. From the facts that are already on record, as regards the injury and sufferings and the treatment, and the facts that are now brought on record, it is clear that the amount awarded by the Tribunal towards the general and special damages is too inadequate. One more factor also has to be borne in mind that till the termination of life the appellant will have to be permanently under the medical care and treatment. Considering all these aspects, I award a sum of Rs. 30,000/- towards the general and special damages in this case. The appellant shall also be entitled to 6 per cent simple interest from the date of the application till the date of payment.

3. The appellant has already received a sum of Rs. 7,000/-, as awarded by the Tribunal. The Insurance Company shall draw up a cheque for the required amount of compensation as well as of the interest thereon and the deposit the same with the Registrar of this Court within two months from today. The Registrar will, after issuing notices to the claimants, disburse the amount to them. The Insurance Company shall be entitled to credit for the amount already paid and of the proportionate interest thereon.