SANJAY VERMA Vs. HARYANA ROADWAYS

JUDGEMENT

(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: <FRM>JUDGEMENT_62_TLPRE0_2014.htm</FRM>

(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.