INDER SAIN JAIN Vs. NEW INDIA ASSURANCE COMPANY

JUDGEMENT

(1.) THE present appeal under section 173 of the Motor Vehicles Act, 1988 (for short as the" "act") has been filed against the award dated 22. 05. 03 passed by Sh. O. P. Gupta, Judge, Motor Accident Claims Tribunal (for short as the "tribunal"), Karkardooma, Delhi.

(2.) THE brief facts leading to the dispute are that on 19. 03. 97, the appellant was traveling in Maruti Car No. D1-7c-1924 with Vikas Jain (owner) and driven by Prem Dutt Pant. They were going from Bhola Nath nagar, Shadra to Rewari (Haryana) in connection with business. The car was being driven at a very normal speed and on the left side of the road. When they reached near Rathi Vas More on National High Way No. 8, near bilaspur Police Station, Gurgaon, a Truck No. HP-24-0955 came in a rash and negligent manner at a very high speed in utter disregard of the traffic rules and without any care and caution from the opposite direction from dharuhera side. The said truck colluded against aforesaid Maruti Car. Appellant sustained serious brain injuries amongst other injuries and after the accident, he became unconscious and was removed to the General hospital, Gurgaon. Treatment was not available at General Hospital so the appellant was referred to Safdarjung Hospital and later on shifted to Sir ganga Ram Hospital on 20. 03. 97, where he remained admitted till 14. 04. 97 and during that period he remained unconscious and in deep coma. Since, there was no improvement in the condition of the appellant, thus he was shifted to Jain Neura Centre at Jagriti Enclave, Delhi on 14. 04. 97. He remained admitted there till 21. 06. 97 when he was temporarily discharged. He was again admitted in the same centre from 27. 06. 97 to 1. 7. 97 and was still under treatment. There has been no improvement in his condition till the filing of the petition on 20. 09. 1997.

(3.) VIDE impugned judgment, the Tribunal awarded the compensation of Rs. 25,29,000/- under three head, firstly, the loss of income amounting to rs. 15,60,000/-; secondly, loss of income for 52 weeks amounting to Rs. 1,20,000/- and thirdly medical expenses and fee paid to physiotherapist, to the tune of Rs. 8,49,000/-along with the interest @ 9% from the date of filing of the petition till its realization.