JAGDISH CHANDER Vs. MANGAL SINGH

JUDGEMENT

(1.) THIS is an appeal filed by the claimant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal vide its award dated 11.2.1987. The accident is said to have been taken place on 13.11.1984 at about 11.00 p.m. between bus bearing No. USD-6391 and truck No. PBN-7807. The appellant who was a passenger in the bus received serious injuries as a result of which he was admitted to the hospital for about 1-1/2 months and his left leg had to be operated upon. A rod had to be inserted in the fractured leg and he had to be hospitalized again for another period of two months. As a result of this injury his left leg had shortened to the extent of one inch. At the time of accident the appellant was 27 years of age and was working as an Electrician with M/s Butani Electric Store on a monthly salary of Rs. 400/- per month. He had claimed a compensation of Rs. 1 lakh.

(2.) THE Tribunal came to the conclusion that the bus driver was negligent, as the bus had rammed into the stationary truck. There is no challenge to the issue of negligence and, therefore, the only question that is to be determined is as to whether the compensation awarded was adequate or not.

(3.) THE appellant in this case would also suffer, as his capability to earn has been impaired.