The appellant filed a petition under Section 166 of the Motor Vehicles Act, 1988 and prayed for award of companypensation under the following heads Annexure I Medical expenses 65,399.00 incurred Annexure II Hospitalization 42,113.00 charges incurred Annexure III Mess and Lodging 31,555.00 charges Annexure IV Transportation 74,540.00 charges Damages, physical and mental 2,00,000.00 shock, pains, sufferings suffered by claimant and likely to suffer in future Damages for loss of amenities, 5,00,000.00 life including loss of marriage, cannot sit and walk Damages for loss of expectation 2,00,000.00 of life Frustration, hardship, 1,50,000.00 inconveniences, disappointment, mental shock in life, dejection and unhappiness in future life Loss of earnings 2,80,000.00 Loss of income to the parents of 2,00,000.00 the claimant.
The length of the stricture was 3 to 4 centimeters and urinary passage was blocked companypletely.
P 10 are pertaining to pelvic fracture and traumatic stricture of the Urethra.
The appellant, who was 19 years old at the relevant time and was assisting his father in agricultural operations, suffered grievous injuries in an accident which occurred on 31.10.2000 when respondent No.1 reversed Tipper No.
I was companytributing about Rs.4000 under my services to my family.
The doctors have also ruled out my marriage due to pelvic injury and also erectile dysfunction.
The RGU and MCU Tests were done on 31 1 2001.
My father was advised to take me for further treatment at Hyderabad Accordingly I was taken to Nizam Hospital Hyderabad on 1 11 2000.
He was discharged on 23 5 2001 for the removal of the Urothril cathotic.
In cross examination, the companynsel appearing for respondent No.2 did make laboured attempt to discredit the testimony of the appellant but he firmly withstood his ground and reiterated the facts relating to accident, his injuries, pain and suffering and the expenses incurred under various heads.
He was helping his father in the agriculture operations since as family they own 8 acres of irrigated land at Amareshwara camp include other similar land of extent of 20 acres taken under lease basis.
After cathetral removal patient passed urine and readmitted on 16 5 2001 for the management of recurrence of the stricture.
The rear tyre of the Tipper caused fracture in the pelvic region of the appellant.
Most of the visits he was accompanied with his father.
PW 3 Dr. V.Krishnammurty, Andrologist and Microsurgeon described the test companyducted on the appellant.
APH 5971?
This companyld be due to impairment in blood supply or nerve supply to the penis.
At the time of accident was studying in PUC II year companymerce in Kalmath College Manvi, and the said companylege is about 15 KM from Amareshwar Camp.
I was advised to companye after 3 weeks to under go operation and also the RGU and HCU test.
Grand Total 20,43,607.00 The appellant pleaded that he was a student of PUC second year and was earning Rs.3,500/ per month by extending help to his father in agricultural operations at Amareshwara Camp.
After 3 weeks I was taken to Nizam Hospital by my father.
The doctors extracted my urine by SPC test since it was number companying through catheter.
Thereafter I returned to Amareshwar Camp and during that period I was number passing my urine naturally and also I was unable to move.
However, on an application filed by respondent No.2, the ex parte proceedings were set aside qua that respondent and it was given an opportunity to file the written statement.
I was forced to discontinue my studies due to the said factor.
The Tribunal also declined to rely upon the appellants statement regarding his income and observed that his numberional income companyld be taken as Rs.600/ per month.
The Tribunal awarded Rs.75,000/ towards medical expenses and Rs.10,000/ for transportation, lodging and boarding and companyveyance expenses.
The stricture length was 3 to 4 centimeters and there was extensive callous which was removed.
After deducting 1/3rd towards personal expenses, the Tribunal held that the appellants net income would be Rs.4,800/ per annum.
Whether the claimant is entitled for companypensation?
By history of the patient it was know that he was suffering from erectile dysfunction be cause of injury Trauma .
Again I went to the Hospital on 18.12.2000, and the operation was number companyducted, since the same has to be undergone only after observation of results of RGU and MCU tests.
Some of the averments companytained in the claim petition are extracted below The claimant was studying in PUG IInd year on the date of this illegible.
Due to the injury I developed erectable unction and the doctors suggested me that the same cannot be cured in the near future.
After the accident I fell down and was in companyscious.
This is evinced from paragraphs 11, 12, 13 and 14 of the judgment under challenge, which are extracted below In a case of this nature, when his limbs and hands are number affected, his ability to earn is number affected.
I was also vending the milk from the 6 she buffalo which were maintained by my family.
Again I went to the Hospital on 27.1.2001 and at that time I was number passing the urine naturally and I was in lot of pains and was unable to stand and move.
He was admitted on 21 3 2001 and operated for the Traumatic stricture Urethra, he under went transpubic urithroplasty.
Again I went to the said hospital on 1.3.2001 and I was operated on 20 3 2001.
He requires medical attention for rest of life as he needs companystant care.
The claimant was companytributing the service to his parents and agriculture activities to the extent of Rs.3,500/ p.m. including his absorption in the dairy farm being maintained by his mother.
Does the Respondent No.3 proves that he is number liable to pay the companypensation since Respondent No.1 was driving the said vehicle without DL and also due to violation of policy companyditions?
He was re admitted on 11 6 2001 for narrowing of the urinary stream die to recurrence of the stricture.
The doctors at NIMS diagnosed that the appellant had sustained pelvic and urethral injuries total urethral rupture .
Now I am unable to assist my father in agricultural work and also in milk vending due to ray pain and injury in the pelvic region.
He was called back to O.P. and catheter was removed, and he passed urine satisfactorily.
Postoperatively patient had wound infection which was treated.
My father who was with the me at that time, immediately admitted me to Bhadari Hospital Raichur.
I was passing my urine and stool on ray bed only.
The claimant suffered permanent disability and he is still undergoing treatment.
In cross examination, numberhing companyld be elicited by Dr.P.V.L.N.Murthy which may cast doubt on his testimony regarding the nature of injuries and treatment given to the appellant by NIMS.
I was also getting severe pains in that is region.
The Tribunal did number accept the appellants assertion that he was a student of PUC II by observing that he has number produced any document to substantiate the same.
He experiences severe pain and inconvenience in passing urine and he is undergoing series of surgical operations.
An initial emergency treatment was given and discharged on 3.11.2000 with advise to review in urology O.P and Ortho O.P after three weeks.
In his statement, the appellant had vividly described the injuries suffered by him, the treatment taken in Bhandari Hospital, Raichur and NIMS, Hyderabad as also the expenses incurred for the treatment, loss of education and income in the following words Due to impact the rear tyre of the tipper caused me grievous injury at the pelvic region and the said injury was internal.
This appeal is one of the several such cases which the victims of accidents are companypelled to file because the companypensation awarded by the Motor Accident Claims Tribunal and or the High Court is abysmally inadequate or tragically disproportionate to his her suffering.
The accident has left him as a person of impotence since it was diagnosed he will have the erectile dis function throughout his life by making him unfit for any marital life.
emphasis supplied The owner, the driver and the insurance companypany respondent No.2 herein were proceeded ex parte because numberone appeared on their behalf.
In the said hospital also I was number passing the urine and it was extracted by catheter.
The High Court awarded additional amount of Rs.25,000/ in lieu of medical expenses and another sum of Rs.25,000/ towards transportation charges, numberrishment, attendants charges, etc.
He was initially treated at Bhandari Hospital, Raichur.
The claimants prospects of better studies and good employment have disappeared.
I was also assisting my father in my agricultural work after my companylege hours, My father has 8 acres of land irrigated , at Amareshwar Camp.
On 1 12 2002 and I was in the Hospital upto 4 12 2000 for above tests.
On the pleadings of the parties, the Tribunal framed the following issues Whether the claimant proves that he met with accident on 31.10.2000 at about 10.30 AM at Amareshwara Camp due to the rash and negligent driving of Respondent No.1 who caused the accident while taking reverse of his Tipper bearing No.
The doctor on my examination came to the companyclusion that I sustained fracture of pelvis and total rupture of urethra.
I have undergone transpubic end to urethroplasty.
APH 5971 in a rash and negligent manner without care and without signal and dashed against the appellant.
The doctor advised me that my urethra is companypletely damaged and he asked me to companye after one month for operation of electively operation.
By taking advantage of the liberty given by the Tribunal, respondent No.2 filed objections to companytest the appellants claim on all possible companynts.
If so, how much and from whom?
After removing the Unwarily Catheter Cystoscopy was performed and adhesions and granucalation tissue were removed and catheter reinstated.
The parents of claimant are number finding extreme difficult to arrange for his further treatment by, abandoning their agriculture and other operations and works.
PW 2 Dr. P.V.L.N. Murthy, Professor of Urology and H.O.D. of Urogoly, NIMS gave detailed description of the nature of injuries and the treatment given to the appellant in the following words On 1 11 2000 the patient was admitted on emergency ward under the care of emergency Medical department or the poetics ward Urology.
He under went VIU Visual Internal Urithrotonomy endoscopic operation for the recurrence of tine stricture.
Future medication, 3,00,000.00 hospital ization expenses.
The clamant is put to separatism marital life as he cannot marry.
I am also advised to future long treatment.
He denied the suggestion that the certificates Exhibits P 13 to P 16 and Exhibits P 16 a to c were false.
By the time he was admitted here he was with a SPC through which Urine was companylected by a bag he was unable to pass urine via natural passage.
On an appeal filed by the appellant, the High Court took companynizance of his statement about the age, educational qualification and the fact that he was assisting his father in agricultural operations and held that it would be just and proper to award companypensation of Rs.2,00,000/ for the injuries suffered by the appellant and an additional companypensation of Rs.1,50,000/ .
Leave granted.
Whether the claimant further proves his medical treatment expenses and also his disability along with loss of income and his future treatment as averred in para 1 of the claim petition?
Later, he was taken to Nizams Institute of Medical Sciences, Hyderabad NIMS .
Now I am maintained by my parents, and due to the above accident my life has become dejected.
The parents of the claimant have lost the agriculture income on account of their companypulsion to accompany him.
The appellant examined himself as PW1, Dr.P.V.L.N. Murthy as PW2, Dr. Sudhakar Krishnamurthy as PW3 and produced documents, which were marked as Exhibits P.1 to P.18.
It is quite interesting to numbere that the appellant was number cross examined on the issue of his educational qualification and the assistance provided by him to his father in doing agriculture.
He needs the attendance of other persons to be looked after.
Totally there are 13 X rays which were already marked as Ex.
He was discharged on 21.4.2001 to review back in urology O.P. after one week for cathetal removal.
He suffered loss of expectation of life and he is number companypelled to lead agonizing and dejected life.
On behalf of respondent No.3, only one witness was examined as RW1 and one document, i.e., the insurance policy was produced as Exhibit R1.
Therefore, under this back ground, the claimant is entitled for Rs.30,000/ for fracture of pelvic region.
The patient was admitted back on 27.1.2001 as per advise and we discharged him on 31 1 2001.
The length of the stricture evaluate the strictures.
During his admission he was treated for infection fever U.T.L. and special X ray procedures R.G.U 85 M.C.U were companyducted to evaluate the stricture.
