Ram Kiran Goyal (D) Thr. Lrs vs Sub Divisional Engineer & Ors

3. The original appellant, Ram Kiran Goyal @ Ram Karan, who had gone to the Motor Accident Claims Tribunal, claiming compensation for the injuries suffered by him in a motor accident, is no more. He died during the pendency of the appeal and was substituted by his legal representatives, who now pursue the claim.

4. On December 14, 1987, Ram Karan was travelling in a Maruti car on way from Delhi to Jaipur. At about 9.30 in the morning, near village Assalwas on Highway No. 8, a truck going ahead of the car suddenly took a right turn without giving any indication and as a result the car had a head-on collision with the larger vehicle. In the accident, Ram Karan and the other occupants of the car (that included his brother, a third person and a fourth person who was driving the car) received grievous injuries. Ram Karan received injuries mainly in his legs and head. He also got a number of teeth broken that had to be extracted. He remained under treatment in a hospital as an indoor patient for three months. At the time of the accident he was 42 years old.

5. Ram Karan made an application (M.A.C.T. Petition No. 17/1988/1990) before the Motor Accident Claim Tribunal, Rewari, claiming rupees six lakhs as compensation. It was stated before the Tribunal that, as a result of the injuries suffered by him in the accident, he remained under treatment for a long time and had spent more than rupees one lakh on his treatment. He further pleaded that in the accident he lost all his teeth and due to the injuries suffered in the accident he could not stand or walk properly and he could only walk with the help of crutches. As a result, he was unable to perform the normal chores and the work that he used to do earlier.

8. In further appeal (L.P.A. No. 1149/2001) a division bench of the High Court increased the disability compensation from Rs. 50,000/- to Rs.1,10,000/- and directed that the additional sum of rupees sixty thousand would carry interest @ 9% per annum from the date of filing of the claim petition. The compensation awarded by the single judge under the other heads was left undisturbed by the division bench.

(vi) Loss of expectation of life (shortening of normal longevity)"

13. In the facts and circumstances of the case, we feel that an additional sum of Rs. 1,10,000/- must be paid to the appellants to adequately and properly compensate them under the heads (i) `expenses relating to treatment, hospitalization, medicines, transportation, nourishing food and miscellaneous expenditure' and (ii) `future medical expenses'. We order accordingly.

14. The additional amount shall carry simple interest @ 7% per annum from the date of application.

15. It needs to be stated here that we have fixed the aforesaid amount on a conservative estimate using our best judgment. Nonetheless, the determination has inevitably some indeterminate elements. It will be, therefore, of no use to try to see any precedent value in this order.

16. In the result the appeal is allowed to the limited extent as indicated above. The additional amount of compensation along with interest should be paid to the appellants within three months from today.

................................................J (Aftab Alam) ................................................J (Ranjana Prakash Desai) New Delhi, December 5, 2011