MOGA TRANSPORT COMPANY PVT Vs. KRISHAN KUMAR GOEL

JUDGEMENT

(1.) MANY passeDgers were injured, seriously too when the Moga Transport Company Bus PUC 5029 came from behind and hit into the standing Malwa Bus Service Bus PUK 6800. Amongst those who stustained serious injuries was the claimsant-Krishan Kumar. The other being Gurdial Singh who in face later succumbed to his injuries and died. This accident occurred on January 13, 1979 at I P.M. on the Moga Kot Kapura Road. The Moga Transport Company bus was held to be wholly to blame for this accident A sum of Rs. 37,228/- was awarded as compensation to the widow and children of Gurdial Singh deceased and Rs. 11,634/39-P to the claimsant Krishan Kumar for his injuries.

(2.) THE finding of negligence recorded against the Moga Transport Company bus warrants no interference in appeal. It is the common case of the parties that it came from behind and hit into the standing Malwa Bus Service bus. According to PW 3 Krishan Kumar, who was one of the passengers in the Moga Transport Company Bus, the Malwa Bus Service Bus was standing on its correct side of the road when the Moga Transport Company Bus came and hit into it. It has also come in evidence that after I causing this accident, both the driver and the conductor of the Moga Transport Company bus ran away. This conduct is a clear indication of this bus driver I being at Pault.

(3.) TURNING to the quantum of compensation payable to the claimants, no reduction in the amount awarded to Krishan Kumar can indeed be justified. The evidence on record shows that both his legs were fractured in this accident. He spent 4/5 months in hospital and his medical expenses were to the tune of about Rs. 4,000/-. Besides this, he also had to remain on leave without pay for about six months. His salary being Rs. 1,100/-per month. In such a situation, the amount awarded, if anything, was on the lower side. No appeal or cross-objections having been filed by this claimant, the amount awarded cannot, therefore, be enhanced.