UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION THROUGH ITS GENERAL MANAGER, NAINITAL Vs. GURMEET SINGH AND ORS.

JUDGEMENT

(1.) This appeal, preferred under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 3rd February, 2005, passed by the Motor Accident Claims Tribunal/District Judge, Udham Singh Nagar, whereby in M.A.C. Case No. 115 of 2003, the said Tribunal has awarded Rs. 30,000 to the claimant/respondent No. 1 as amount of compensation with 6% simple interest thereon, if the amount is not paid, within a month of the award.

(2.) Heard learned Counsel for the parties and perused the papers on record.

(3.) Brief facts of the case are the claimant/respondent No. 1 Gurmeet Singh, on 4th February, 2003, was driving tractor bearing registration No. U.P. 02-C/634, towards his house situated at Nagla, within the limits of Police Station Nanakmatta, District Udham Singh Nagar. It is alleged by the claimant that when the tractor reached near Anugraha Aashram, Kitcha Road, Village Virendra Nagar, within the limits of Police Station Sitarganj, suddenly a bus belonging to appellant Corporation, bearing registration No. U.P. 04-A/163, which was being driven rashly and negligently by its driver, dashed with the tractor. Consequently, one Mukthiyar Singh died in the accident and the claimant Gurmeet Singh suffered grievous injuries. The claimant had to be admitted in the Agrasen Hospital, Rudrapur. It is alleged that he spent Rs. 40,000 as medical expenses in said hospital. Apart from this, the claimant has alleged that Rs. 5,000 were spent in taking him to the hospital. Claimant has also alleged that he suffered loss amounting to Rs. 12,000 as he could not move from the bed for three months. Also, a sum of Rs. 20,000 has been claimed by the claimant for mental agony and pain. A sum of Rs. 43,000 has been claimed by the claimant on account of depreciation in his working capability in future. In all, an amount of Rs. 1,20,000 was claimed by the claimant.