D T C Vs. MOHINDER JHA & ANR

JUDGEMENT

(1.) Present appeal has been preferred against the impugned award dated 21.09.2006, whereby, ld. Tribunal has awarded Rs.91,440/- with interest @ 6% per annum from the date of filing of the petition i.e. 15.03.1997 till realisation in favour of the respondent no. 1 / claimant.

(2.) Mr. J.N. Aggarwal, ld. Counsel appearing on behalf of the appellant has argued the instant appeal on two grounds firstly, the offending bus has not met with any accident, therefore, the appellant is not liable to pay any compensation to the respondent no. 1 / claimant. The second issue ld. Counsel has argued is that the disability of the respondent no. 1 / claimant has taken 20%, which was on a higher side and it is contrary to the settled law.

(3.) I note ld. Tribunal has framed issue no. 1 "Whether the accident has taken place due to rash and negligent driving of bus no. DL-1P-9528 by the driver of the said bus"