MANISH KUMAR Vs. SHYAM SINGH & ANOTHER

JUDGEMENT

(1.) As both these appeals have arisen out of the same judgment and order dated 31.3.2015 rendered by the learned Tribunal at Nainital hence, are being adjudicated herein below by this single judgment.

(2.) The accident occurred on 09.12.2011 at around 2:00 PM when the injured Shri Manish, aged about 32 years, along with his wife was coming from Haldwani to Nainital. Bus No. UA07H 6427 owned by the appellant herein was over crowded, so, Shri Manish along with his better half were standing inside but near the door of the bus. The driver of the bus Shri Shyam Singh (respondent no. 2) took his bus very rashly and negligently towards the work shop without ensuring closing of the door. All of sudden, power break was applied by the driver resulting in falling of Manish Kumar below the bus on the ground. Although, hue and cry was raised but the driver without paying least attention towards such noise took away the bus. As a consequence, one arm of Shri Manish Kumar was run over by the rear wheel. He was soon admitted in the Sushila Devi Medical College & Hospital, where he underwent a long medical treatment.

(3.) Fir under crime no. 420/2011 was also lodged on 21.12.2011 for the offence under section 279, 338 IPC. As a result of this accident Shri Manish Kumar became 50% disabled as reported by the doctors. He filed a claim petition no. 149/2012 claiming the compensation of Rs. 20,00,000/- (Rupees twenty lakhs only) whereagainst the learned Tribunal has awarded Rs. 6,89,510/- (Rupees six lakh eighty nine thousand five hundred ten only) along with 8% simple interest from the date of presentation of the petition till the payment.