SWARAN SINGH Vs. ACHHAR SINGH

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act. 1988 is directed against the award dated 27.1.2005 passed by the learned Motor Accidents Claims Tribunal (II), Una (hereinafter referred to as 'the Tribunal') in M.A.C. Petition (RBT) No. 129/01/2000 claiming enhancement of compensation.

(2.) THE undisputed facts of the case are that the claimant was travelling in a bus belonging to H.R.T.C. One truck No. HP 24-2565 which was coming from the other side hit the right side of the bus and also hit the right arm of the claimant resulting in amputation of his arm. Claimant filed a petition for grant of compensation which has been allowed and the learned Tribunal has awarded a total sum of Rs. 1,59,360 as compensation along with interest at the rate of 9 per cent per annum from the date of filing of the petition till deposit of the amount. THE claimant being not satisfied by the amount of compensation granted is in appeal before this court.

(3.) THE main dispute is with regard to the non-pecuniary damages as well as actual loss of earnings and the future loss of earnings. THE learned Tribunal has granted Rs. 6,000 for actual loss of earnings on the assumption that for two months, the claimant would not have been able to work. This also appears to be reasonable.