R.K.Rastogi, J. - (1.) Both these appeals have been filed against the judgment and award dated 17.2.1997 passed by Mr. Kartar Singh, then Fifth Addl. District Judge, Muzaffarnagar, in Motor Accident Claim Petition No. 293 of 1993, Shiv Kumar Goel v. Rajendra Kumar. Since both these appeals have arisen against a common order in the aforesaid claim petition, they have been heard together by us and now we are deciding them by a common judgment.
(2.) The facts relevant for disposal of both these appeals are that Shiv Kumar Goel, respondent No. 1 in both the appeals, filed the aforesaid claim petition in the court of Motor Accidents Claims Tribunal/ District Judge, Muzaffarnagar, under section 166 of Motor Vehicles Act with these allegations that on 6.4.1993 he was going from Budhana to Muzaffarnagar in the bus No. UP 12-A 3747 owned by Ajab Singh, opposite party No. 4. It was being driven by its driver Ram Pal, opposite party No. 5. He was sitting on a seat near right side window in the middle of the bus. The bus reached near village Sawali at 11 a.m. At that time bus No. URJ 8962, which was owned by the opposite party Nos. 1 and 2 Rajendra Kumar and Yogesh Kumar and was being driven by Vijendra, opposite party No. 3, came from the side of Muzaffarnagar. This bus was being driven rashly and negligently by its driver and it hit bus No. UP 12-A 3747 on the middle portion exactly at the place where the claimant was sitting. The claimant was badly injured and he received such injuries on his right hand as his right hand below elbow got cut from rest of the body while the remaining right hand up to the shoulder was badly crushed. He was immediately taken to Muzaffarnagar. The hand was amputated from the joint near shoulder. Since bleeding was continuing he was advised to be shifted to Delhi and he was shifted to Delhi the same evening and was admitted in Batra Hospital where he was again operated by Dr. B.K. Gupta. He remained admitted in that hospital for about fourteen days and a sum of Rs. 40,000 was spent on his treatment. However, he has got receipts of Rs. 20,000 only. This accident had taken place due to rash and negligent driving by the driver of bus No. URJ 8962. However, if it is found that there was negligence of the driver of the bus No. UP 12-A 3747 also, then the drivers, owners and insurers of both the vehicles are liable to pay compensation to the claimant. The age of the injured Shiv Kumar Goel was 43 years at the time of the accident and his monthly income was Rs. 6,000 from his own business. He was drawing a salary from crusher business and he was also a partner in the business of that crusher. He also had income as a partner in a brick-kiln. He was income tax assessee. He, therefore, claimed Rs. 22,40,000 as compensation. It was disclosed by opposite party No. 4 that the opposite party No. 5 was not driving the bus No. UP 12-A 3747 but opposite party No. 8 was driving this vehicle, hence, opposite party No. 8 was impleaded in the case. New India Assurance Co. Ltd. and Oriental Insurance Co. Ltd., insurers of these vehicles, had been impJeaded as opposite party Nos. 6 and 7. The petitioner further pleaded that due to amputation of the right arm from shoulder there was loss of his earning capacity up to 90 per cent and since he was earning Rs. 6,000 per month the loss of earning capacity came to be Rs. 5,400 per month, in other words Rs. 64,800 per annum for a period of 32 years, which will come to Rs. 20,63,600. However, he has claimed Rs. 20,00,000 only under this head. He further stated that he was also entitled to general damages on account of inconvenience, hardship, discomfort, pain, etc. and he claimed Rs. 2,00,000 on this account. In all, Rs. 22,40,000 including medical expenses of Rs. 40,000 for his treatment. He also claimed pendente lite and future interest.
(3.) Opposite party No. 1 died during pendency of the case and his heirs were impleaded as opposite party Nos. 1/1 to 1/4.;