- (1.) This appeal and special leave petition are cross cases in nature and are directed against the judgment and order dated December 7, 1976 passed by a division bench of the High court of Allahabad at Allahabad in F. A. O. No. 444 of 1976.
(2.) The facts established before the Motor Accident Claims tribunal. Bulandshahr and re-oriented before the High court were that Randhir Singh while driving a tempo on 10/10/1972 on a road leading from Bulandshahr to Sikandrabad was hit head-on by a speeding truck owned by Ramesh Chandra, as a result of which his tempo was thrown into a nearby ditch whereby he sustained injuries on both his legs and his several bones were fractured as well. This was followed by lodging of a report at police station, Sikandrabad and putting the injured at District Hospital, Bulandshahr wherefrom he was removed to Safdarjung Hospital, New Delhi for final treatment. The permanent result was that a part of the right foot of Randhir Singh had to be amputated as his toes had become gangrenous.
(3.) Randhir Singh moved the Motor Accident Claims tribunal, Bulandshahr seeking damages to the tune of Rs. 1 lakh. The contestants being Ramesh Chandra the owner of the truck, its driver and the insurance company took various defences to negative the claim. The matter was focussed by the issues framed. The tribunal by an elaborate and well reasoned order fixed negligence on the truck driver and held the injured entitled to compensation. In the measurement thereof the tribunal took note of the age of the claimant to he 22 years and his expected income as a driver of a motor vehicle at a minimum rate of Rs. 300. 00 p. m. , expected to be earned for at least 22 years in the coming. The figure thus arrived was at Rs. 79,200. 00 and that being lump sum payment determined a sum of Rs. 55,000. 00 to he adequate compensation for the permanent disability suffered by the claimant. Besides the tribunal granted Rs. 3,000. 00 on account of expenses of treatment. Under the head of general damages for pain, suffering and loss of enjoyment of life the tribunal awarded a sum of Rs. 20,000. 00 as compensation. Thus a total award of Rs. 78,000. 00 was made in favour of the claimant. Rs. 50,000. 00 was ordered to be paid by the insurance company as its liability was found to be limited to that extent. The remaining Rs. 28,000. 00 was ordered to he paid by the owner. The claimant also got three-fourth of his costs.;