R.K. Agrawal JUDGMENT
R.K. Agrawal, J.
Civil Appeal No. 2967 of 2012
1. 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. 2629 of 2003 wherein the appeal filed by the present Appellant has been partly allowed and the sum of US$ 125,348.01 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.
Civil Appeal Nos. 9944-9946 of 2011
2. 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.
Brief facts:
3. Alexix Sonier-the claimant is an American citizen. On 08.01.1988, the claimant was participating in a 'Peace March' along with the citizens of various other countries from Ahmedabad, in the State of Gujarat to Rajghat, in New Delhi. 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. 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. As a result of which, the claimant fell down on the road and became unconscious and sustained injuries in the said accident. 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. Three surgical operations were performed on the claimant, however, he did not regain consciousness. On medical advice, the claimant was shifted to Vadilal Sarabhai Hospital, Ahmedabad, Gujarat and despite all possible efforts, the condition of the claimant did not improve. 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. The claimant, through his next friend-Mrs. Dominique Sonier-his mother, filed a claim petition through an authorized person viz., Surendra Nath Singh Javeria. Mrs. Dominique Sonier-mother of the claimant also joined the said claim petition through that authorized person. In the claim petition, after narrating the entire facts of the accident, injuries as also the treatment undergone, a total sum of Rs. 2,02,36,000/- as compensation 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.
4. The various heads under which the claimant had claimed damages/compensation are as follows:
(i) For treatment undertaken in India
Rs. 1,50,000/- less Rs. 16411.79 = Rs. 1,33,588.21
(ii) Expenses to be paid to Dr. Chawala for his services + the amount spent in shifting the patient from Jaipur to Ahemedabad by air: Rs. 1,40,000/-
(iii) The amount spent for treatment in America = Rs. 13,00,000/-
(iv) The amount proposed to be spent on keeping a nurse at home at the rate of Rs. 40,000/- per month. A sum of Rs. 4,00,000/- is claimed under this head.
(v) Compensation for loss of earning Rs. 1,68,000/-
(vi) Compensation for loss of future earning........