S.B. Sinha, J. - (1.) Leave granted.
(2.) Appellant was travelling as a passenger in a bus belonging to the respondent herein on 14.6.1995. It met with an accident. Injuries suffered by him as noted by Dr. J.R.R. Thiagarajan, Retired Prof, of Ortheo in Stanley Medical College Hospital, Chennai, are as under : "...His right upper arm was broken into two pieces by way of crush injury and plate was inserted. As the nerves got affected, his right hand wrist and finger movements are completely arrested for which, he was given treatment. He has sustained contusion and pain in right hand. There was infection in the plate inserted part and muscle contraction as well. He has to be operated again for removal of the plate. He could raise his right hand upto shoulder only, upto 80°. He cannot fold his right hand elbow beyond 50°. Eating is also difficult. His right hand wrist and fingers power has lost and it is only 3/ 5. He cannot do work by holding the objects with grip and eating is also difficult. His right hand bone was fractured. The Right hand disability was at 15%; right shoulder at 15%, right hand elbow at 15% and right hand wrist and fingers disability at 20%. In all 65%..."
(3.) Appellant prior to the accident was said to have been working as a fitter. In view of the disability suffered by him, he started working as a helper. On the date of the accident, he was aged about 29 years. He filed an application before the Motor Accidents Claims Tribunal, Chennai claiming a sum of Rs. 6,00,000/- by way of damages. The contention in the said proceeding raised by the respondent was that the appellant himself, being responsible for the accident, was not entitled to payment of any damages towards loss of earning capacity. The Tribunal in view of the rival contentions of the parties framed the following two issues " 1, Whether the accident took place on 14.6.1995 was caused due to the rash and negligence on the part of the driver of the Respondent 2. Whether the Petitioner is entitled to compensation If so, how much -;