YESH PAUL MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is claimant's appeal against award passed by the Motor Accident Claims Tribunal, Chandigarh, dtd. 2/9/1999, for enhancement of compensation by the injured.

(2.) The facts of the case in brief are that accident in question took place on 7/5/1994 while the appellant-claimant (hereinafter referred to as, 'claimant') was travelling along with other occupants in a Haryana Roadways bus belonging to respondent Nos.1 and 2, being driven by respondent No.3. The Tribunal, after holding the accident to have occurred due to rash and negligent driving of respondent No3, assessed the amount of compensation payable by respondent Nos.1 and 2 being employer of respondent No.3.

(3.) The claimant examined himself as PW-2 to prove the injuries suffered on his body as well as his hospitalization in General Hospital, Sector 16, Chandigarh, from 7/5/1994 to 28/5/1994. He has testified that he was operated upon and a nail was inserted in his leg, and that, he was not able to walk briskly, nor could he undertake long walks on foot as his left knee would start aching. His leg has been shortened by 1/2 or 3/4 inch and he has to limp while walking. He claimed to be earning about Rs.12,000.00 per month as professional income being an Advocate. His professional working was interrupted for 11 months when he remained bed ridden due to the accident. Even after resuming work, his professional income did not reach the earlier levels for quite some time. It has also been testified that he was unable to drive properly and, therefore, had to employ a driver, to whom he was paying about Rs.2,000.00 per month.