ABDUL SAMEE Vs. MOHD. ISHAQ

JUDGEMENT

(1.) HEARD .

(2.) IN these two appeals common questions are involved and, therefore, the same are being disposed of by this common judgment.

(3.) BRIEF facts are as under: The Accident occurred of 3.12.1986 on Karnptee Road near Kumbhare's building of Ganpati at about 5.00 p.m. The claimant was riding on the bicycle and was going towards his house oh the relevant date and time. The scooter bearing No. MCG 6042 was; being driven in a rash and negligent manner by its driver and as such it had given dash to the claimant from rear side causing him grievous injuries like fracture of left leg, etc. The claimant was immediately moved to the Central Railway Hospital where he was indoor patient for some period. He underwent the medical treatment and is said to have incurred medical expenses of Rs. 3,480/-, travelling expenses of Rs. 6,000/- incurred by his family member for attending the hospital. It is contended that the age of the claimant was about 51 years at the time of Accident and he was employed in the Railway Department and drawing salary of Rs. 2434/-. He had claimed compensation of Rs. 30,000/-on Account of injury sustained to his leg, Rs. 10,000/- as compensation for pain and sufferings. He has also claimed Rs. 12,960/- as special diet and so on. The total claim put forth by him was to the tune of Rs. 1,00,000/- which was inclusive of pecuniary as well as non-pecuniary damages.