ARKASH KUMAR Vs. PUNJAB ROADWAYS

JUDGEMENT

(1.) This appeal for enhancement of compensation has been filed by the claimant under section 173 of the Motor Vehicles Act against the award dated 23.8.1997 passed in M.A.C. Petition No. 13-S/2 of 1996 by Motor Accidents Claims Tribunal, Solan, H.P. (hereinafter referred to as 'the Tribunal').

(2.) The facts necessary for decision of this case are that the claimant was travelling on his scooter No. HP 14-3131 on 21.11.1995. He was employed as cashier in State Bank of Patiala and posted at Kanda- ghat. When he was going to Kandaghat at about 9.30 a.m. bus No. PB 12-B 9501 driven by Rajinder Singh and owned by Punjab Roadways came from the other side. The said bus was being driven in a rash and negligent manner and there was a collision between the bus and scooter. As a result of the accident the claimant suffered serious injuries to his right leg. He was taken to the District Hospital at Solan from where he was referred to PGI, Chandigarh. The claimant remained admitted in PGI, Chandigarh up to 28.12.1995. The leg of the claimant was amputated in PGI. The Tribunal held that the accident had occurred due to rash and negligent driving of the driver of the bus. Claimant was awarded Rs. 25,607.60 on account of expenses on his medical treatment. He was awarded Rs. 6,520 for travelling expenses, Rs. 15,500 for attendant charges. He was also awarded Rs. 2,10,283 for future loss of income. In addition thereof the claimant was awarded Rs. 60,000 for pain and suffering and Rs. 10,000 for future medical treatment. The total amount awarded to the claimant was Rs. 3,52,000.

(3.) The claimant being aggrieved against the amount of compensation has filed the present appeal. Since the only question involved in this appeal is with regard to the quantum of compensation the relevant evidence in this behalf only is being discussed.