DAYAL SINGH Vs. DALJEET SINGH AND ORS.

JUDGEMENT

(1.) Injured -Dayal Singh has preferred the instant appeal for the enhancement of compensation awarded to him by the Motor Accident Claims Tribunal, Ropar (hereinafter referred to as, 'the 'Tribunal') vide impugned award dated 14.03.2007. Appellant -claimant filed petition under Sec. 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries suffered by him in a motor vehicular accident, which occurred on 01.01.2005. Claimant was travelling in a Swaraj Mazda and the accident was caused due to the rash and negligent driving of bus bearing registration No. PB -12D -9665 by respondent No. 1 -Daljeet Singh near village Mamupur -Hasanpur T -point. Claimant was 55 years old at the time of accident, an agriculturist having 25 acres of land and running a dairy farm. He pleaded a monthly income of Rs. 25,000/ - and claimed compensation to the tune of Rs. 2,00,000/ -, for the loss suffered due to permanent disability, loss of earning, loss of earning capacity, medical expenses etc.

(2.) Learned Tribunal on appreciation of the evidence on record concluded that the accident had indeed been caused due to rash and negligent driving of the offending bus by its driver. It is not denied that the appellant suffered fracture of acetabulam and dislocation of hip and other injuries. He was admitted in Government Medical College and Hospital, Sector 32, Chandigarh on 02.01.2005 and discharged on 27.01.2005. However, no operation etc. was undergone by the claimant.

(3.) Tribunal allowed a sum of Rs. 5,000/ - towards loss of earnings while observing that there is no clear evidence with regard to the earning of claimant. However, if the claimant's averment of owning 25 acres of land is accepted, the same would remain with him as a source of income. It is not the case of the claimant that earlier the said land was being cultivated by him and due to the injuries suffered by him he employed somebody else to work in the fields therefore, he was put to loss. A consolidated sum of Rs. 10,000/ - was awarded on account of pain and suffering, attendant charges, transportation and special diet. Rs. 30,000/ - was awarded on account of disability of 30% as proved by the disability certificate vide Ex. P29 and evidence of PW2 Dr. Navtej Pal Singh. An amount of Rs. 4,000/ - was awarded towards medical expenses. A sum of Rs. 30,000/ - was allowed on account of the loss of amenities of life because of the disability suffered by him. Total sum of Rs. 79,000/ - was awarded by the Tribunal.