BILLU RAM Vs. NIRMAL SINGH

JUDGEMENT

(1.) APPELLANT 's counsel submits that the claimant is a carpenter by profession. In this accident, he has lost his right leg. He was earning Rs. 2500/- per month and he has to support his wife and two children. Learned Claims Tribunal has held that the claimant-appellant has suffered injuries as a result of rash and negligent driving of bus No. HYE- 9203, which was being driven by respondent No. 1. This bus was insured by respondent No. 4. After the accident, the claimant-appellant was hospitalised also. He produced discharge slip Exhibit P-1. The learned Tribunal has wrongly held that from this discharge slip, the period for his hospitalisation cannot be held to be proved. The learned Tribunal relying on Dev Ram v. The Divisional Controller Maharashtra State Road Transport Corporation, 1990 (1) ACC 171, held that on account of amputation of a leg the petitioner is entitled to get Rs. 75,000/- only. He submits that considering the facts of the case and the disability suffered by the claimant-appellant, the Claims Tribunal ought to have granted at least one lac as compensation to the claimant.

(2.) RESPONDENT 's learned counsel supported the Tribunal's award and contended that just compensation has been awarded to the claimant.

(3.) IN my considered view, it will meet the ends of justice if the amount of compensation is enhanced by Rs. 12,000/- more. Accordingly, the appeal is allowed. The claimant-appellant is entitled to recover Rs. 87,000/- (inclusive of the amount awarded on account of no fault liability)from all the respondents jointly and severally. The claimant-appellant is also entitled to recover interest at the rate of Rs. 12 per cent per annum on the aforesaid amount from the data of the petition. Parties are directed to bear their own costs.