RAJASTHAN ROADWAYS Vs. BALDEV SINGH

JUDGEMENT

(1.) heard. ON 21.8.1995 Baldev Singh respondent, aged about 60 years, and his friend, Sh. Major Singh, were travelling in appellant's bus on seat Nos.27 and 28 from Sriganganagar to Jodhpur. Their grievance, however, was that in the course of their journey their seats were broken but when they complained of such facts to the conductor in the bus, he not only picked up quarrel with them but also misbehaved with them. On a complaint having been filed by the respondent, the Forum, rejecting appellant's contention that on the seats having become somewhat unfit for travel in the course of journey, the respondent and his friend were allotted seat Nos.13 and 14 in the same bus and thus the appellant did not render any deficient services to the respondent and his friend, held that the appellant had rendered deficient services to the respondent. The Forum, therefore, awarded a sum of Rs.500/- as compensation for mental agony and physical discomfort and Rs.500/- as cost of litigation to the respondent. Hence this appeal by the appellant.

(2.) The learned Counsel for the appellant no doubt took us through the impugned order to impress upon us that since the seats allotted to the respondent and his friend had become unfit for travel, they were provided seat Nos.13 and 14 and in this behalf the learned Counsel referred to the reservation chart also but we find that the reservation chart does not mention any seat numbers as having been allotted to the respondent. As against it, it shows allotment of seat Nos.13 and 14 to one Sahpal. We are thus of the opinion that once it is admitted that the seats originally allotted to the respondent and his friend had become unfit for journey, inconvenience in the course of journey was caused to him particularly when the respondent was sufficiently aged.

(3.) Incidentally it was brought to our notice that the amount of Rs.1,000/- has already been deposited by the appellant with the Forum for payment to the respondent, in the event of the result of the appeal going against it.