DHARAM VIR KAPUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal under Section 110-D of the Motor Vehicles Act, 1939 arises from the decision of the Motor Accidents Claims Tribunal, Mahasu. The appellant Dharamvir Kapur along with his companion Madan Gopal was coming in a car No. CH161 on 4-1-1969 from Chandigarh and was proceeding to Subathu where he had taken a contract for laying out water pipe line to the Cantonment area. While this car was negotiating a curve at a distance of four miles from Dharampur, it was met with a bus HIL 3661 belonging to the Himachal Government Transport. According to the appellant the bus was coming at a high speed and dashed against the car as the driver (respondent No. 2) due to negligence, failed to apply the brakes. The car of the appellant was towards its left side and he had gone to the extreme limit hardly two feet away from the hill. Still the bus collided against the car and not only damaged the car but also caused injuries to the appellant. Firstly the appellant was brought to the civil hospital at Dharampur and was given some treatment there. Thereafter the appellant was brought to the Post- Graduate Institute, Chandigarh and was treated by Dr. P. N. Kataria. At first the doctor suspected that the appellant had suffered injury in the liver and abdomen but after four days the appellant settled down and the necessity of operation was ruled out. After a few days he became all right and was discharged from the hospital on 17-1-1969. He was advised by the doctor a light diet and light activity outside for a period of six weeks. According to the appellant he could not attend to his contract work at Subathu and could go to the site of construction only in July 1969. Accordingly the appellant claimed a compensation of Rs. 52,000 from the Government.

(2.) The respondents not only denied the quantum of damages but also pleaded that the appellant himself was at fault. According to them he was negligent and the Government was not liable to pay any compensation.

(3.) The Claims Tribunal held that the driver of the bus was negligent and as such the respondents were liable to pay compensation. However the Claims Tribunal awarded Rs. 4,000 as compensation. The appellant considers that the amount awarded is rather low and hence he has filed the present appeal for enhancement of compensation.