Being aggrieved by the Award dated 29.09.2003, the Corporation as also the claimant have filed appeals before the High Court.
The Commissioner submitted his report and also the evidence of all the persons recorded by him before the Trinbunal.
RNP 897, which was driven by one Banwari Lal Chowdhary rashly and negligently, at a very high speed, came and struck the claimant from behind.
13,00,000/ The amount proposed to be spent on keeping a nurse at home at the rate of Rs.
2629 of 2003 wherein the appeal filed by the present appellant has been partly allowed and the sum of US125,348.01 awarded by the Motor Accidents Claims Tribunal in short the Tribunal under the category Special Damages has been disallowed and the remaining part of the award has been maintained.
The claimant, through his next friend Mrs. Dominique Sonier his mother, filed a claim petition through an authorized person viz.,
27,15,954/ So Total damages in Rupees 699932.01 x 14 2715954 Rs.
1,33,588.21 Expenses to be paid to Dr. Chawala for his services the amount spent in shifting the patient from Jaipur to Ahemadabad by air Rs.
The High Court gave an opportunity to the parties to arrive at a mutual settlement regarding the claim but the Corporation declined to negotiate the matter.
40,000/ per month.
On medical advice, the claimant was shifted to Vadilal Sarabhai Hospital, Ahmedabad, Gujarat and despite all possible efforts, the companydition of the claimant did number improve.
Brief facts Alexix Sonier the claimant is an American citizen.
The Corporation also objected to the order of the Tribunal awarding damages under the head Special Damages in respect of medical expenses incurred in United States of America borne by Medi Cal amounting to US125,348.01 on the ground that witness AW 18 had admitted that in the State of California a medical programme is in force under which persons who were number companyered under any insurance and or unable to pay their medical expenses, all their medical expenses will be borne by the State.
The various heads under which the claimant had claimed damages companypensation are as follows For treatment undertaken in India Rs.
1,25,15,002.14 In round figure, it is Rs.
In the claim petition, after narrating the entire facts of the accident, injuries as also the treatment undergone, a total sum of Rs.
Surendra Nath Singh Javeria.
He was discharged from the hospital at Ahmedabad on 22.04.1988 and shifted by air, under medical supervision of the doctors, to the United States of America.
1,25,15,002/ The Tribunal further awarded interest at the rate of 6 per cent per annum with effect from the date of presentation of the claim petition, that is, 07.07.1988, after deducting a sum of Rs.
1,40,000/ The amount spent for treatment in America Rs.
A specific stand was taken that the accident occurred on account of the negligence of the claimant himself and, at best, it was a case of companytributory negligence as the claimant was trying to cross the road but midway he back tracked and met with an accident.
No objection was taken by the Corporation regarding recording of evidence of persons number named in the order dated 11.07.1990.
Mrs. Dominique Sonier mother of the claimant also joined the said claim petition through that authorized person.
Three surgical operations were performed on the claimant, however, he did number regain companysciousness.
the date on which the amount became payable, the date of the filing of the suit and the date of the judgment and it would be fairer to both the parties to take the latest of these dates, namely, the date of passing of the decree as the relevant date for applying the companyversion rate.
25,000/ paid to the two Commissioners who were appointed for the recording of evidence and Rs.
While participating in the aforesaid march along with a group of other persons, between Jaipur and Delhi, near Chandwazi, a bus of the Corporation, bearing Registration No.
1,16,411.69/ towards the expenses incurred and the amount paid by the Corporation for the treatment etc.,
The Tribunal, on the basis of evidence on record, awarded damages as follows Special Damages Dollar Rupees Expenses incurred on treatment in India 50,000/ Air Fare for Jaipur to Ahmedabad 4,000/ Air Fare to Ahmedabad to USA 1,00,000/ Medical Expenses in USA borne by Medi Cal 125,348.01 Medical expenses in USA borne by parents 25,000.00 Future expenses on Medical Treatment 4,00,000/ Loss of income by Claimant 408,000.00 Loss of income of attending mother 81,584.00 Future expenses for management of attendant 60,000.00 Expenses on Two Commissions 1,61,954/ General Damages For pain, sufferance and mental agony 10,00,000/ For loss of amenities and enjoyment of life 10,00,000/ Total 699,932.01 Rs.
in India to the claimant.
1,25,00,000/ Compensation for physical and mental suffering Rs.
The claimant was taken to the Sawai Man Singh Hospital, Jaipur where it was found that among other injuries he had also received head injury.
1,68,000/ Compensation for loss of future earnings Rs.
In fact, the Tribunal, in its order dated 24.06.1991, has specifically recorded that Mr. Manish Bhandari, learned companynsel who appeared on behalf of the Corporation was asked as to whether he has any objection to take on record the statements of witnesses but he did number raise any objection and the statements of witnesses were taken on record.
Further, the expenses in the claim petition were very high and exaggerated so also the amount of companypensation claimed.
25,00,000/ Compensation for need of a helper Rs.
As a result of which, the claimant fell down on the road and became unconscious and sustained injuries in the said accident.
1 herein.
1,50,000/ less Rs.
The Corporation, apart from raising the objections on technical grounds, denied the manner in which the accident occurred as stated in the claim petition.
10,00,000/ Compensation for the loss of earning of his mother who will look after him Rs.
On 08.01.1988, the claimant was participating in a Peace March along with the citizens of various other companyntries from Ahmedabad, in the State of Gujarat to Rajghat, in New Delhi.
9944 9946 of 2011 The above appeals have been filed by Alexix Sonier through next friend Mrs. Dominique Sonier his mother against the aforementioned order passed by the High Court wherein the appeal filed by the claimant for enhancement of amount awarded by the Tribunal has been dismissed.
4,00,000/ is claimed under this head.
25,00,000/ Compensation for keeping an attendant Rs.
A sum of Rs.
It was further pleaded that the best medical facilities were available at Jaipur and there was numberneed to shift the claimant from Jaipur to Ahmedabad without having the full treatment at Jaipur itself.
It, however, held that the accident had occurred on account of negligence on the part of the driver of the Corporation.
10,00,000/ Hence, a total sum of Rs.
2,02,36,000/ was claimed.
Also, there was numbernecessity for the claimant to proceed to United States of America without proper treatment and the Corporation was number liable for the companydition of the claimant Respondent No.
It was companytended by the appellant that AW 10A to AW 19 all of whom except AW 18 were number named in the order dated 11.07.1990.
Compensation for loss of earning Rs.
K. Agrawal, J. Civil Appeal No.
Before the High Court, the Corporation took an objection that the evidence recorded by the Commissioner of the persons who were number named in the order dated 11.07.1990 cannot be taken into companysideration.
2967 of 2012 This appeal has been filed by the Rajasthan State Road Transport Corporation in short the Corporation the appellant herein against the judgment and order dated 23.04.2010 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in S.B. Civil Misc.
Appeal No.
2,02,36,000/ as companypensation was claimed along with interest at the rate of 18 per annum from the date of filing of the claim petition till the actual date of payment.
Civil Appeal Nos.
16411.79 Rs.
