MANIL Vs. GENERAL MANAGER, HARYANA ROADWAYS AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the appellant-Manil for the enhancement of the amount of compensation awarded to him by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the 'Tribunal') vide award dated 17th January, 2000 on account of the injuries suffered by him in an accident which took place on 10th July, 1997. The appellant, employed as a Conductor with the Haryana Roadways, was on duty on a bus bearing registration No. HR-05A-9801. The accident was caused due to the rash and negligent driving of another Haryana Roadways bus bearing registration No. HR-37-1640 by respondent No. 2 - Ishwar Singh. The driver of the bus, on which the appellant was on duty, succumbed to the injuries suffered by him in the accident and number of other persons travelling in the bus had received injuries. The appellant has suffered a fracture in the right leg and toe and his two teeth were also broken. An operation had to be performed to treat the fracture of his leg. As per the Disability Certificate, Ex. p.m., his disability was assessed to be 8% of the limb. He was having post-traumatic shortening of one inch of the right leg with non-union.

(2.) The Tribunal has awarded a sum of Rs. 55,300 as per the details given below:

(3.) It is contended by learned Counsel for the appellant that he is entitled to a much higher amount of compensation on account of the loss of income and earning capacity.