S.I. PIARA SINGH Vs. JAGTAR SINGH

JUDGEMENT

(1.) PIARA Singh, the claimant-appellant, who was a Sub Inspector with the Punjab Police, was travelling in a bus belonging to Punjab Roadways from Patiala to Ludhiana on the morning of 9.3.1984. The bus in question met with an accident with a bus of Haryana Roadways bearing No. HRX- 617 coming from the opposite side and being driven by Jagtar Singh, in which the appellant suffered serious injuries. He thereafter filed a petition before the Motor Accident Claims Tribunal, Ludhiana. The Tribunal in its award dated 3.8.1985 observed that the appellant had suffered serious injuries in the accident and that the accident had taken place on account of the rash and negligent driving of Jagtar Singh, the driver of the Haryana Roadways bus. On issue No. 2, the Tribunal observed that the appellant had suffered a fracture of the 3rd to 6th ribs on the right side and a fracture of the scapula as well and in the light of the statement of Dr. Surinder Singh (PW-6) and Dr. Bachittar Singh (PW-7) and the report of the Radiologist, it was clear that the disability was permanent in nature. The Tribunal also found that the appellant had spent about Rs. 300-400/- on his treatment and was also entitled to compensation for pain and suffering on his treatment. The Tribunal, accordingly, keeping in view the salary of the appellant as being Rs. 1400/- per month, granted a total compensation of Rs. 4,000/- to the appellant. The matter was thereafter taken up in appeal before the learned Single Judge of this Court, who in his order dated 2.9.1993 held that the amount of Rs. 1,000/- awarded by the Tribunal on account of pain and suffering was inadequate and keeping in mind the nature of injuries, a sum of Rs. 6,000/- was due on that account. The learned Single Judge accordingly modified the award of the Tribunal and awarded a sum of Rs. 9,000/- in all.

(2.) THE present appeal has been filed by the claimant-appellant.

(3.) WE have heard the learned counsel for the parties and have gone through the record.