DABA PRASAD GHOSH Vs. BANWARI LAL

JUDGEMENT

(1.) In this appeal, appellant has prayed for further enhancement of the compensation awarded by the learned single Judge.

(2.) A perusal of the record shows that while he was working as Assistant Administrative Officer with National Insurance Co. Ltd. in its New Delhi office, appellant boarded Haryana Roadways bus bearing the registration No. HRC 6121 at I.S.B.T., Delhi on 4.12.1979 for going to Rohtak. At about 10 a.m., the bus fell into a ditch on the roadside in the area of village Jakhoda and struck against a tree. As a result of the accident, the appellant suffered seven injuries which included two lacerated wounds on forehead, one lacerated wound on the tip of the nose and one lacerated wound on the bridge of the nose. In the claim petition filed under section 110-A of the Motor Vehicles Act, 1939 (in short 'the Act') the Motor Accidents Claims Tribunal (in short, 'the Tribunal') awarded compensation of Rs. 20,000 with interest at the rate of 12 per cent per annum from the date of institution of the petition till realisation.

(3.) On appeal, the learned single Judge, vide his judgment dated 12.5.1997, enhanced the compensation to Rs. 35,000 by making the following observations: