SUBHASH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 18th November, 1981, Subhash Kumar, a youngman of 20 years was standing on the road-side near the Canal bridge of village Ansron, with his Rehri for selling fruits and vegetables. Nearby he was also having this Khokha (wooden stall) for carrying the same business. At about 10 AM on that day, Punjab Roadways Bus No. PBQ 3578, driven by Rattan Singh driver hit him causing several injuries. The Rehri and Khokha were also smashed by the impact of the bus and the fruits and vegetables were destroyed. He filed a claim petition before the Motor Accident Claims Tribunal (for short' the Tribunal'), accusing driver of the bus for negligent driving, and claimed Rs. 10,000/- for pain and suffering, Rs. 1000/- the amount spent in medical treatment, Rs. 2000/- for loss of business and Rs. 3000/- for the loss of Khokha and Rehri.

(2.) THE State of Punjab and the driver denied the accident and contested the petition.

(3.) AFTER hearing the learned Counsel for the parties and on perusal of the record I am of the view that the Tribunal was rather miser in awarding the meagre compensation. The claimant received the following injuries, according to the statement of Dr. R.K. Sharma, who appeared as PW 6: