JUDGEMENT
RANJAN GOGOI, J. -
(1.)THIS quantum appeal is by the claimant seeking further enhancement of the compensation awarded by the
High Court of Uttaranchal at Nainital by its Order dated
27.03.2006.
(2.)THE facts relevant for the purpose of the present adjudication may be noticed at the outset.
On 12.08.1998 the appellant -claimant was travelling
from Ambala to Kurukshetra in a bus belonging to the
Haryana Roadways and bearing registration No. HR -07PA -
0197. On the way the driver of the bus lost control over the vehicle resulting in an accident in the course of which the
claimant suffered multiple injuries. He was initially treated in
the civil hospital Pehwa and thereafter transferred to the
PGIMER, Chandigarh on 14.08.1998. The appellant
underwent surgery on 16.09.1998 and eventually he was
released from the hospital and referred to the Rehabilitation
Centre, Jawaharlal Nehru Hospital, Aligarh. According to the
claimant, apart from other injuries, he had suffered a
fracture of the spinal cord resulting in paralysis of his whole
body. In these circumstances the claimant filed an
application before the Motor Accident Claim Tribunal
claiming compensation of a total sum of Rs.53,00,000/ - under
different heads enumerated below:
JUDGEMENT_62_TLPRE0_2014.htm
The learned Tribunal by its Award dated 12.06.2000 held that the accident occurred due to the rash and
negligent driving of the bus and that the claimant is entitled
to compensation. The total amount due to the claimant was
quantified at Rs. 3,00,000/ - under the heads "Loss of
Income", "reimbursement of medical expenses" and "pain
and suffering". The learned Tribunal also awarded interest at
the rate of 9% from 24.08.1999 i.e. the date of filing of the
claim application till date of payment.
(3.)AGGRIEVED , the claimant filed an appeal before the High Court which enhanced the compensation to
Rs.8,08,052/ -. The High Court quantified the amount due to
the claimant towards "loss of income" at Rs.6,19,500/ -;
Rs.1,38,552/ - on account of "medical expenses" and an
amount of Rs.50,000/ - "for future treatment" and "pain and
suffering". The High Court, however, reduced the interest
payable to 6% per annum from the date of the filing of the
application. Aggrieved, this appeal has been filed.