H.R.T.C. Vs. GIAN SINGH

JUDGEMENT

(1.) This first appeal is directed against the award passed by the learned Motor Accident Claims Tribunal, Shimla, dated 27th March, 1992.

(2.) The Respondent-claimant had filed a claim for compensation on account of multiple Injuries resulting in fractures while he was travelling in the bus which was being driven rashly and negligently by the driver. At one point of time, the bus struck against a Dhank at a place known as Chhaila. The passengers admonished the driver to ply the bus cautiously, but to no result. The driver is said to have continued driving negligently and in a rackless manner. At Anr. point, it went out of the road and several persons travelling in the said bus lost their lives. The claimant remained in the hospital from 7th Aug., 1988 to 31st Aug. 1988 and remained bed ridden thereafter for about three months. A claim of Rs. 1,25,000 only was prayed.

(3.) The learned Tribunal on appreciation of evidence recorded a finding that several lives were lost due to rackless driving of the driver of the Appellant and the Respondent who was the Petitioner received several injuries resulting in fractures. A total amount of Rs. 50,000 stands awarded under several heads.