After a little recovery, he made an application under Section 166 of the Motor Vehicles Act, 1988 the 1988 Act claiming total companypensation in the sum of Rs.
2,50,000/ along with the interest 9 per annum from August 7, 2002 by companysidering the matter as follows under the head of pecuniary damages the amount which has been amended sic by the claimant in his treatment including medical expenditure other material loss, a total lump sum companypensation amount of Rs.
There is also damages and the loss of expectation of life on account of the injuries sustained by him.
DEG 3291 being negligently driven on June 23, 1993.
The High Court increased the amount of companypensation from Rs.
The offending vehicle was insured with the New India Assurance Company Ltd. the insurer .
He examined himself and tendered some of the doctors who treated him in evidence.
22 lakhs which included the expenditure already incurred by him up to that time to the extent of Rs.
1,00,000/ Rupees one lac only is being granted to the claimant.
183 of 1993 the Motor Vehicles Accident Claims Tribunal, Ranchi, assessed a sum of Rs.
The truck companying from the opposite direction hit the motorcycle and the appellant riding the motorcycle was thrown on the road.
He had to undergo few surgical operations.
His studies got interrupted as he was moved to different hospitals for surgeries and other treatments.
The Motor Vehicle Accident Claims Tribunal, Ranchi for short the Tribunal in its award dated December 19, 2002 held that the accident occurred due to rash and negligent driving of the truck bearing registration No.
So far as number pecuniary damages are companycerned from the evidence itself it is very much clear that injured was a brilliant student of engineering Final year at B.I.T. Mesra, and due to said accident he has lost his future career.
For many months his companydition remained serious his right hand was amputated and vision seriously affected.
1,50,000/ to be paid to him under the head pecuniary damages i.e. the amount which was expended by him towards his treatment including the medical expenses and a sum of Rs.
As per the decision of this Court in Sarla Verma Smt.
These multiple injuries ultimately led to 70 permanent disablement.
He was treated by several doctors at various hospitals namely, R.M.C.H, Ranchi, C.C.L .Hospital, Gandhinagar, Christian Medical College and Hospital, Vellore and Shankar Netralaya, Madras.
The claimant, dissatisfied with the assessment of companypensation by the Tribunal, approached the High Court of Jharkhand, Ranchi.
As regards quantum of companypensation, the Tribunal allowed the total companypensation of Rs.
He has to face inconvenience, hardship, discomfort disappointment and mental stress till his life, therefore, a lump sum companypensation amount of Rs.
The owner as well as insurer companytested the claim petition.
2,50,000/ Rupees two lac and fifty thousand only which the claimant is entitled with interest 9 per annum.
1,00,000/ was granted towards number pecuniary damages.
1,50,000/ for his treatment.
DEG 3291.
He has also suffered from mental and physical shock and has to be suffered in future.
60,000/ per annum.
2,50,000/ to Rs.
It also held that the owner of the vehicle and the insurer were liable to pay the companypensation to the appellant.
He sustained multiple injuries diffused multifocal damage of brain with interventricular hemorrhage optic atrophy in right eye and 3 relative afferent papillary in left eye amputation of right hand distal to carpometacarpal joint level companypound fracture of shaft of tibia left total bronchial plexus palsy blocking of anterior wall of the trachea at the level of the 3rd and 4th cartilaginous rings and disfiguration.
1,50,000/ Rupees one lac and fifty thousand only is being granted to the claimant.
Had he decided to join government service and got selected, he would have been put in the pay scale for Assistant Engineer and would have at least earned Rs.
3,50,000/ having companysidered the matter thus On an application under Section 166 of the Motor Vehicles Act, 1988 vide Compensation Case No.
i.e. for his permanent disablement to the extent of 70 for the loss of right wrist and paralysis of right upper limb as also for loss of vision in his right eye.
The appellant passed out Bachelor of Engineering during the pendency of the claim petition.
The total companypensation came to Rs.
The vouchers of the expenditure incurred by him on his treatment at various hospitals were also produced.
Arvind Kumar Mishra appellant a student of engineering final year at Birla Institute of Technology, Mesra B.I.T. at the time of accident was seriously injured as a result of a truck bearing registration No.
M. LODHA, J. The present appeal, by special leave, raises the issue, indeed the only issue, of assessment of loss of earnings in respect of the victim of a motor accident who was certified 70 permanent disablement.
But uncertainties of life cannot be ignored taking relevant factors into companysideration.
