UNION OF INDIA Vs. RAVINDER SINGH

JUDGEMENT

(1.) THE accident here occurred when the claimant Ravinder Singh was crossing the road. He met with an accident with the Chandigarh Transport Undertaking Bus CHW-3506. This happened on July 17, 1978 at about 7.15 a.m. on the road between Sectors 19 and 20 Chandigarh. It was the finding of the Tribunal that the bus driver was wholly to blame for the accident. The claimant Ravinder Singh was accordingly awarded a sum of Rs. 43,000/- as compensation for the injuries sustained.

(2.) THE finding of negligence recorded against the bus driver warrant no interference in appeal. The evidence on record show that Ravinder Singh had almost crossed the road when the bus came and hit into him. This was deposed to by PW 2 Chetan Sarup who witnessed the occurrence from his house nearby. This witness, in fact, accompanied the injured to the Post Graduate Medical Institute where he was taken soon after the accident. To corroborate him there is the testimony of PW 3 Parminder Singh, the brother of the injured besides the claimant; himself PW 4 Ravinder Singh. The version of the bus driver on the other hand was that Ravinder Singh had hit into a stationary bus. The bus being stationary was attributed by the bus driver due to some defect in the supply of diesel. This is, however, negatived by the fact that this bus then drove off to the Bus stand after the accident and there is no evidence to suggest that any mechanic had come there to repair this defect.

(3.) AS regards the quantum of compensation payable to the claimants, there is a claim for enhanced compensation. As mentioned earlier, the amount awarded was Rs. 43,000/-. The claim in this case is for Rs. 70,000/-. The Medical evidence in this case consists of the testimony of PW 1 Dr. B.C. Bapna of the Post Graduate Medical Institute, Chandigarh, who deposed that at the time of his admission in the hospital on July 17, 1978, Ravinder Singh had six injuries on his person. These being: