NARESH CHANDRA MYTLE Vs. HARYANA STATE

JUDGEMENT

(1.) THE appellant Dr. Naresh Chander who has done Master of Surgery in two Specialities and is Orthopaedic Surgeon in Government Service at the time when he sustained injuries in a road accident complains of inadequate compensation granted to him by the Motor Accident Claims Tribunal, Jind which awarded him Rs. 25,200/- as financial lose and Rs. 4,800/- for pain and suffering bringing the total compensation to Rs. 30,000/- and which has since been confirmed by the learned single Judge with slight modification of granting 12 per cent interest per annum on amount awarded to him from the date of application to the date of its payment. In totality of the facts and circumstances of this case, we are of the considered view that the grant of Rs. 30,000/only is, indeed, inadequate and therefore, the compensation deserves to be suitably enhanced.

(2.) ADMITTEDLY , the appellant sustained injuries when the Haryana Roadways Bus in which he was travelling was involved in an accident with another bus coming from the opposite direction. This accident took place on 5th May, 1977 on Rohtak-Jind road. Both the Bus Drivers were held negligent equally and a sum of Rs. 30,000/- was awarded to the appellant as compensation for the injuries suffered by him.

(3.) DR . P. S. Maini, professor and Head of the Department of orthopaedic Surgery, Medical College Hospital, Rohtak PW. 6 who performed the operation deposed that the patient had compound fracture involving the bones of right elbow joint and he was operated on the date of accident. His fractures were healed but his right elbow is partially stiff and he had some weakness in the right hand. He has a permanent partial disability of about 30%. The witness was not cross examined which clearly establishes that the statement made by Dr. P. S. Maini was accepted. The appellant, as stated above, who himself is an orthopaedic surgeon deposed that he was double M. S. and was in government service. He was senior Medical Officer posted at Bhiwani. While doing M. S. , the intended to start his private practice in due course by opening a Nursing Home. With the disability he had, he cold not think of opening a Nursing Home as his confidence was shaken. The disability has affected his future income and prospects. He went on to depose that the Medical Practitioner who is a General Surgeon can earn at least around Rs. 10,000/- per month but in his case, he would not be in a position to open a Nursing Home and perform operations even after retirement. The Tribunal calculated the financial loss per month at the rate of Rs. 300/- and calculated at that rate for a period of seven years. It was held that the appellant was entitled to Rs. 25,200/- for expected future loss and an amount of Rs. 4,800/- was added as compensation for pain and suffering and in this manner the appellant was awarded to total compensation of Rs. 30,000/ -.