JODHA MAL Vs. STATE OF HIMACHAL

JUDGEMENT

(1.) THIS is a Letters Patent Appeal directed against the judgment of the learned Single Judge whereby he awarded only Rs. 8,000.00 as compensation to the appellant with interest @ 12% per annum from the date of claim application till realisation on reversal of the order of Motor Accidents Claims Tribunal (in short 'mact'), Rup Nagar dismissing his claim application. In this appeal, the prayer is for enhancement of the amount awarded to the amount claimed by him in the claim application.

(2.) BRIEF facts may be noticed :on 10. 5. 1982 at about 3. 00 A. M. Jodha Mal, who was travelling by bus No. HPG-2237 from Delhi to Una suffered injuries attributable to the utter carelessness and negligence of its driver. Bus was owned by Himachal Pradesh Road Transport Corporation, Shimla. Bus over-turned near village Bharat Garh. Bus was being driven at a very fast speed. Appellant suffered multiple injuries. In a state of unconsciousness, he was taken to PGI, Chandigarh by his wife Smt. Satya Devi who was also travelling with him by the same bus. He was discharged on 26. 5. 82. He was advised to visit the hospital after every 15 days for check-up. On these allegations, he instituted claim application Under Section 110-A of the Motor Vehicles Act claiming compensation to the tune of Rs. 50,000/ -.

(3.) ON the pleadings of the parties, the following issues were framed: