KAMRUDDIN Vs. FIROJ ABBASI

JUDGEMENT

(1.) THE appellant claimed compensation through next friend Shamsuddin, who suffered accidental injury on 22.8.92 at 9.00 p.m. near Ratlami Gate, Jaora when auto rikshaw bearing No. MP -14B -1407 dashed him. The claimant appellant had alleged in the claim petition that the said vehicle was driven rashly and negligently by its driver Firoz Abbasi. On account of said accident Kamruddin sustained injuries on his body most prominently, on parietal region of the head.

(2.) SHRI Manish Jain, counsel appearing for the appellant submitted that on account of said injury which was the result of rash and negligent driving on the part of Firoz Abbasi, the driver, of the said auto rikshaw, the appellant was injured mentally and he was required to be referred to the mental hospital. He submitted that on account of said damage to the brain and mental derangment, he has sustained a significant loss in his life and, therefore, the tribunal should have awarded compensation to the tune of Rs. 2,28,000/ -. He submitted that atleast amount of compensation be enhanced. Shri Dhupar and Shri J.K. Joshi, pointed out that it has come in the evidence of Shamsuddin that the appellant was mentally deranged even prior to the date of said accident. They submitted that the mental derangement of the appellant cannot be attributable to the said accident, even if it is assumed that the driver of said vehicle Firoz Abbassi was driving it rashly and negligently.

(3.) THAT injury cannot be ignored totally. That injury alongwith his unconsciousness and hospitalisation must have caused him lot of pain, sufferings and mental agony. Other injuries which he sustained were abrasions, one was admeasuring 2" x 1" and other was not significant.