K. Venkataswami, J. - (1.) Civil Appeal No. 13391/86:Aggrieved by the dismissal of his appeal at the admission stage, the appellant, who sustained serious injuries in a motor accident that took place on 10-8-84, has preferred this appeal.
(2.) The appellant along with his mother, brother and sister-in-law were travelling in a taxi from Nagarcoil to Trivandrum on 10-8-84. A bus, belonging to the respondent-Corporation coming from the opposite direction, dashed against the taxi while trying to overtake a bullock-cart, resulting in the death of the Driver and the appellant's mother. The other occupants including the appellant sustained injuries. The appellant moved the Motor Accident Claims Tribunal, Trivandrum, claiming a sum of Rs. 5,06,091/- as compensation. At the time of accident, he was aged about 25 years and after practising as a Lawyer for some time, applied for and secured a seat in the Madras University for pursuing his M.L. Course. He sustained in all seven injuries including dislocation of right hip, head injury and injury to the left eye and ear. Initially, he was admitted to the Medical College Hospital, Trivandrum, for treatment and after discharged therefrom, he was admitted again to the Madras General Hospital for further treatment. It was the claim of the appellant that he was to be treated for the left carotid cavernous fistula; a condition which required the treatment of balloon embolisation. According to the appellant, the said treatment was not available in India and his brother, who was a practising Doctor at New York, United States, asked the appellant to go over there for treatment. Accordingly, he went to the United States and had his treatment there. The Head of the Neurosurgery Department of Trivandrum Medical College Hospital gave a Disability Certificate assessing loss of 60% vision in the left eye and 50% hearing in the left ear. He also opined that dislocation of the right hip was permanent. Bringing all these factors in his claim petition, he made a claim of Rs. 5,06,091/-.
(3.) The Tribunal was of the view that the claim towards the travelling expenses to New York and medical expenses in the Hospital at New York, cannot be allowed as there was no record to show that the facilities were not available in India for such treatment. The Tribunal after referring to the Disability Certificate given by the Head of the Neurosurgery Department and other factors, awarded the compensation in a sum of Rs. 1,76,000/-.;