POONAM CHAND Vs. V.M. SHUKLA

JUDGEMENT

(1.) THIS Misc. Appeal presented under Section 110-D of the Motor Vehicles Act (for short 'the Act') is directed against the award dated 15th March, 1984 passed by Motor Accident Claims Tribunal Ujjain in Claim Case No. 64/81, thereby granting compensation of Rs. 700/- together with interest at the rate of 9% p.a. from the date of application till realisation against the respondents No. 1 and 2.

(2.) BRIEFLY stated, the facts of the case are that the appellant (claimant) filed the claim case against respondents No. 1 and 2. The passenger bus bearing registration No. CPH 8678 was owned by respondent No. 1 At the relevant time, it was driven by respondent No. 2. This bus left for Khargone at 3.30 p.m. from Ujjain. The claimant was a conductor on this bus. After depositing the tax at NAKA, the appellant was in the process of boarding the bus when the respondent No. 2 without any signal started the bus rashly and negligently, as a result of which the appellant fell down from the bus and sustained injuries. The appellant claimed the compensation of Rs. 50,000/-. The claim was resisted by the respondents. On evaluation of the evidence, the Tribunal awarded the compensation of Rs. 700/- as noted above. Aggrieved by the inadequacy of compensation the appellant has preferred this appeal.

(3.) PLACING reliance on State of Himachal Pradesh and Ors. v. Chand Krishan Hazari and Anr. Shri Neema submitted that the compensation allowed in this case is too low and deserved to be augmented reasonably. Shri Neema submitted that the appellant suffered several injuries. Some of them being grievous, as also the fracture. Shri Dhuper, on the other hand, submitted that there was no proper proof about nature of injuries and as such the appeal deserved to be dismissed.